Zimbabwe: New IP court is a good match

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

Zimbabwe: New IP court is a good match

The IP Tribunal in Zimbabwe, a specialised division of the High Court, handed down its first judgment recently in the matter of Lion Match Proprietary Limited v Lion Match Zimbabwe Limited IPT 01/16.

In this case, a very old South African company that makes matches and sells them under the trademark Lion had for many years used that trade mark in Zimbabwe. It eventually withdrew from Zimbabwe, thereby allowing its former Zimbabwean subsidiary to take over both the Zimbabwean trademark and the Zimbabwean business. After many years, however, the Zimbabwean company stopped trading, seemingly because of the tough economic conditions in that country. The company also allowed its trademark registration to lapse.

The South African company then re-entered the Zimbabwean market and when it applied to register the trademark in its name, the Zimbabwean company filed its own application. The registrar had to decide which application should prevail.

The registrar found for the Zimbabwean company, saying that its non-use had been justified by the harsh economic circumstances in that country. The court, however, reversed the decision. In the court's view it was relevant that the three-year period within which a lapsed registration can be restored had already expired. The Zimbabwean company's application had to be treated as a new one and the legal maxim "he has better title who was first in point of time" had to prevail. Therefore the South African company's application went through.

maguire.jpg

Duncan Maguire

Spoor & Fisher Jersey

Africa House, Castle Street

St Helier, Jersey JE4 9TW

Channel Islands

Tel: +44 1534 838000

Fax: +44 1534 838001

info@spoor.co.uk

www.spoor.com

more from across site and SHARED ros bottom lb

More from across our site

François Pochart, Grégoire Desrousseaux and Lionel Martin, long-standing figures in the firm’s patent litigation team, are set to help launch a Paris-based litigation offering
The Unitary Patent has passed 100,000 registrations, but new data raises the question of whether 30% uptake is a ceiling or a staging post for further growth, say Michael Nielsen and Darren Smyth of EIP and Andrew Samm at Patently
The new generation of in-house IP leaders want commercial judgment, accessibility and flexibility, with AI raising expectations around both fees and delivery
The firm launched a San Diego office earlier this month, but California investment and expansion is far from complete
The industry’s response to AI requires an unfamiliar ingredient as firms battle to shape their futures
The firm is looking beyond replacing recently departed talent, betting instead on senior leaders to strengthen and expand its patent litigation platform
Olga Partington, director in Sterne Kessler’s biotechnology and chemical practice group, shares why a patent's vulnerability peaks when it is young, rather than when it is most valuable, under the PTAB's new framework
IP experts gathered in San Francisco last week to discuss the changing global SEP landscape and new licensing models for AI infrastructure
SKW Schwarz partner Daniel Kendziur explains how new green claims rules are changing his workload and bringing him into direct contact with marketing, PR and government affairs teams
The government is targeting earlier resolution of SEP disputes while ruling out a standalone IPEC rate determination track and restrictions on injunctions
Gift this article