any services to which— (a) a forged registered trade mark is applied; or (b) a registered trade mark is falsely applied; shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment. [inserted by Act 22 of 2001, gazetted on the 1st February, 2002.] (2) It shall be a defence to any charge under subsection (1) if the person concerned proves that— (a) having taken all reasonable precautions against committing an offence under this Part— (i) he had, at the time of the sale, no reason to suspect the genuineness of the trade mark; and (ii) on request made by an inspector, police officer or customs officer, he gave to that inspector or officer all the information in his power with respect to the person from whom he obtained such goods; or (b) otherwise he had acted innocently. 86 Provision for restricting importation of goods bearing registered trade mark (1) The proprietor or registered user of a registered trade mark who is a manufacturer, dealer or trader in Zimbabwe may give notice in writing to the Director of Customs and Excise that he— (a) is the proprietor or registered user, as the case may be, of the registered trade mark; and (b) requests the Director of Customs and Excise, during the period specified in the notice, to treat as prohibited goods, goods which are grown, manufactured or produced outside Zimbabwe and to which there has been applied a trade mark which is identical with the registered trade mark or which so nearly resembles it as to be likely to deceive or cause confusion: Provided that— (i) the period specified in a notice under this subsection shall not exceed five years and shall not extend beyond the period for which the trade mark is registered; (ii) the Director of Customs and Excise may refuse to act in terms of a notice given under this subsection until the person giving the notice furnishes him with security, in such form and for such amount as the Director of Customs and Excise may require, to secure the fulfilment of any liability and the payment of any expense which he may incur by reason of the detention by him of any goods to which the notice relates or as a result of anything done by him in relation to goods so detained. (2) Where a notice has been given under subsection (1) and has not been withdrawn, the importation into Zimbabwe at a time before the end of the period specified in the notice of any goods referred to in paragraph (b) of subsection (1) shall be prohibited. (3) Subject to any regulations made in terms of section one hundred and four, the Director of Customs and Excise may, if, in his opinion, the contravention has not occurred either intentionally or negligently, notwithstanding section 47 of the Customs and Excise Act [23:02] permit goods which are liable to be or have been seized in terms of this section to be delivered to the owner or importer upon security being given to the satisfaction of the Controller of Customs and Excise that— (a) the improper marks will be effectually removed from the goods; or (b) such additions will be made as will render unobjectionable any mark applied to the goods; or (c) the goods will be forthwith exported. (4) An appeal shall lie from any decision of the Director of Customs and Excise under subsection (3) as though it were a decision of the Registrar and Part XII shall apply, mutatis mutandis, in relation to such appeal as though any reference in that Part to the