been applied for the purpose of applying them contrary to the provisions
of this Act; or
(f)
make, import or have in his possession any device for applying
to any goods a mark so nearly resembling a trade mark as to be likely to
deceive; or
(g)
make, import or have in his possession any coverings, labels,
reels or any reproductions, replicas or representations of a trade mark or
a mark so nearly resembling a trade mark as to be likely to deceive for
the purpose of applying them to goods contrary to the provisions of this
Act; or
(h)
apply any false trade description to goods.
(2) It shall be a sufficient defence to any charge under subsection (1) if
the accused satisfies the court that he acted without intent to defraud.
(3) In any prosecution for a contravention of paragraph (b), (d) or (h) of
subsection (1), it shall be a sufficient defence if the accused satisfies the
court that(a)
in the ordinary course of his business he was employed, on
behalf of other persons, either to make dies, blocks, machines or other
instruments for making or being used in making trade marks, or, as the
case may be, to apply trade marks or trade descriptions to goods and 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 by way of profit
or commission dependent on the sale of such goods; and
(b)
he took reasonable precautions against committing the offence
charged; and
(c)
he had, at the time of the commission of the alleged offence, no
reason to suspect the genuineness of the trade mark or trade description;
and
(d)
on request made by an inspector, police officer or customs
officer, he gave to such inspector or such officer all the information in
his power with respect to the persons on whose behalf the trade mark or
trade description was applied.