Section 3Part 0 —
Offences to trade marks and trade descriptions
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Whoever —
forges any trade mark;
falsely applies to goods any trade mark, or any mark so nearly resembling a trade mark as to be calculated to deceive;
makes any die, block, machine or other instrument, for the purpose of forging, or of being used for forging a trade mark;
applies any false trade description to goods;
disposes of or has in his possession any die, block, machine or other instrument, for the purpose of forging a trade mark; or
causes any of the things above mentioned to be done,
is, subject to this Law and unless he proves that he acted without intent to defraud, guilty of an offence.
Whoever sells, exposes for or has in his possession for sale or any purpose of trade or manufacture, any goods or things to which any forged trade mark or false trade description is applied, or to which any trade mark or mark so nearly resembling a trade mark as to be calculated to deceive is falsely applied, unless he proves that —
having taken all reasonable precautions against committing an offence against this Law, he had, at the time of the commission of the alleged offence, no reason to suspect the genuineness of the trade mark, mark or trade description, and that, on demand made by or on behalf of the prosecutor, he gave all the information in his power with respect to the persons from whom he obtained such goods or things; or
otherwise he had acted innocently,
is guilty of an offence.
Save as otherwise provided, whoever is guilty of an offence is liable —
on conviction on indictment to a fine and to imprisonment for two years;
on summary conviction to a fine of one thousand dollars or to imprisonment for four months, and in the case of a second or subsequent conviction, to a fine of two thousand dollars or to imprisonment for six months ; and
in any case, to forfeit to Her Majesty every chattel, article, instrument or thing, by means of or in relation to which the offence has been committed.
The Court before whom any person is convicted under this section may order any forfeited articles to be destroyed or otherwise disposed of as the Court thinks fit.