26
Forgery of
geographical
indications
Forgery of
trademarks
and other
prohibited acts
Trademarks
No. 2
makes or submits a false statement or representation, whether
orally or in writing, knowing the same to be false, commits an
offence and shall, on conviction, be liable to a fine of
K3,000,000.00 and imprisonment for seven years.
50. A person who, knowingly and with intent to deceive,
performs any of the acts referred to in section 47, commits an
offence and shall, on conviction be liable to a fine of K1,000,000.00
in the case of an individual, and imprisonment for five years or to a
fine of K5,000,000.00 in the case of a body corporate.
51.__(1) A person who__
(a) forges a registered trademark or falsely applies to goods or
in relation to services, any registered trademark or any mark so
nearly resembling a registered trademark so as to be calculated to
deceive;
(b) falsely applies a registered trademark to goods or in relation
to services;
(c) makes a die, block, machine or other instrument for the
purpose of forging, or of being used for forging a registered
trademark;
(d) disposes of, or has in his possession, a die, block, machine
or other instrument, for the purpose of forging, or of being used
for forging, a registered trademark;
(e) without the consent of the owner of a registered
trademark;__
(i) makes, imports or has in his possession, any device for
applying that registered trademark to goods or in relation to
services or representation of that registered trademark;
(ii) makes any reproduction, replica or representation of that
registered trade mark; or
(iii) imports any reproduction, replica, or representation of
that registered trademark otherwise than on goods and services
to which they have been applied; or
(f) makes, imports or has in his possession__
(i) any device for applying to any goods or in relation to any
services, a mark so nearly resembling a registered trademark
that is likely to deceive or cause confusion;
(ii) any reproduction, replica or representation of a mark, so
nearly resembling a registered trademark, that is likely to
deceive or cause confusion, for the purpose of applying it to
goods or in relation to services;