No. 2
Trademarks
27
(iii) any covering bearing a mark so nearly resembling a
registered trademark that is likely to deceive or cause
confusion in relation to goods and services,
commits an offence, and shall, on conviction, be liable to
to a fine of K5,000,000.00 and imprisonment for ten years.
(2) In addition to the penalty in subsection (1), the court shall
order the seizure or destruction of any goods or any instruments
used in the commission of the offence or make an order stopping the
provision of services to which the offence relates.
(3) It shall be a sufficient defence to any charge under subsection
(1)(b) and (c) where an accused person proves that__
(a) in the ordinary course of his business, he was employed on
behalf of other persons__
(i) to make dies, blocks, machines or other instruments for
making or being used in making trademarks;
(ii) to apply trademarks to goods or in relation to services; or
(iii) that in the case which is the subject of the charge, he
was so employed by some other person and was not interested
in the goods or services by way of profit or commission
dependent on the sale of the goods or performance of the
services; or
(b) on request made by a police officer, he gave to the police
officer information in his power with respect to the person on
whose behalf the trade mark was applied.
52.__(1) A person who sells, imports, exports, lets for hire or
distributes goods or performs any services to which__
(a) a forged registered trademark is applied; or
(b) a registered trademark is falsely applied,
commits an offence, and shall, on conviction, be liable to
a fine of K5,000,000.00 and imprisonment for ten years.
(2) It shall be a defence to any charge under subsection (1) if the
person concerned proves that he took all reasonable precautions
against committing an offence under this section, and on request
made by a police officer or customs officer, he gave to the officer all
the information in his possession with respect to the person from
whom he obtained such goods.
53. Any person who, within Malawi, procures, counsels, aids,
abets or is accessory to the commission outside Malawi of any
offence which, if committed within Malawi, would be an offence
under this Part, commits an offence, and shall, on conviction, be
liable to a fine of K5,000,000.00 and imprisonment for ten years.
Prohibition
of sale or
importation
of goods
with forged
trademarks
Aiding and
abetting
commission
of offences
outside
Malawi