“counterfeit trade mark goods” means any goods which bear without authorisation a trade mark which— (a) is identical to a registered trade mark; or (b) cannot be distinguished in its essential aspects from a registered trade mark; and thereby infringes the rights of the proprietor of the registered trade mark; “proprietor”, in relation to a registered trade mark, includes a registered user of the trade mark. (2) If the proprietor of a registered trade mark, by written notice to the Director of Customs and Excise— (a) informs the Director that he is the proprietor of the trade mark; and (b) satisfies the Director that there are reasonable grounds to suspect that counterfeit trade mark goods have been or may be imported into or exported from Zimbabwe; and (c) requests the Director to treat the counterfeit trade mark goods referred to in paragraph (b) as prohibited goods; and (d) describes the goods concerned with sufficient particularity to make them readily identifiable; the Director shall forthwith comply with the request and ensure that no such goods are imported into or exported from Zimbabwe, and that any such goods that have been imported but not yet entered are not released to the importer: Provided that the Director need not comply with such a request until the proprietor furnishes him with security in such form and for such amount as the Director may require to secure the fulfilment of any liability and the payment of any expense which he may incur as a result of the detention of any goods to which the request relates or as a result of anything done by him in relation to goods so detained. (3) Where a request has been made under subsection (1) and has not been withdrawn, the importation into or exportation from Zimbabwe of any goods to which the request relates shall be prohibited for a period of ten working days from the date on which the Director of Customs and Excise complies with the request: Provided that— (i) if within that period the proprietor has instituted proceedings for an order in terms of subsection (4), or proceedings for any other order leading to a decision on the merits of the matter, the importation or exportation of the goods concerned shall continue to be prohibited until the determination of those proceedings or until the court or tribunal concerned orders otherwise; (ii) this subsection shall not apply to the importation or exportation of a single article by a person for his personal and private use. (4) If the proprietor of a registered trade mark satisfies the Tribunal or a court that— (a) he is the proprietor of the trade mark; and (b) there are reasonable grounds to suspect that counterfeit trade mark goods have been or may be imported into or exported from Zimbabwe; the Tribunal or court may issue an order directing the Director of Customs and Excise to prevent the importation or exportation, as the case may be, of those goods. (5) An order under subsection (4)— (a) shall describe the goods concerned with sufficient particularity to make them readily identifiable; and (b) may be granted subject to conditions, including the giving of security by the applicant and the inspection of the goods concerned. (6) For so long as an order under subsection (4) is in force, the Director of Customs and Excise shall treat the goods to which the order relates as if— (a) they were prohibited from importation in terms of section 47 of the Customs and Excise Act [chapter 23:02]; or