produced or tendered in evidence, any writing falsely purporting to be a copy of an
entry in the Register, knowing the writing to be false;
shall be guilty of an offence and liable to a fine not exceeding level seven or to
imprisonment for a period not exceeding two years or to both such fine and such
imprisonment.
[inserted by Act 22 of 2001, gazetted on the 1st February, 2002.]
49
Deceiving or influencing the Registrar or officer
(1) Any person who, for the purpose of—
(a)
deceiving the Registrar or examiner or any other officer of the Designs
Office in the execution of his functions under this Act;
[Amended by Act 25 of 2001 with effect from the 1st March, 2002.]
or
(b)
procuring or influencing the doing or omission of anything in relation
to this Act or any matter thereunder;
[Amended by Act 25 of 2001 with effect from the 1st March, 2002.]
makes or submits a false statement or representation, whether orally or in writing,
knowing the same to be false, shall be guilty of an offence and liable to a fine not
exceeding level seven or to imprisonment for a period not exceeding two years or to
both such fine and such imprisonment.
[inserted by Act 22 of 2001, gazetted on the 1st February, 2002.]
(2) Any person who, having innocently made a false statement or representation,
whether orally or in writing, for the purpose of procuring or influencing the doing or
omission of anything in relation to this Act or any matter thereunder and who, on
becoming aware that such statement or representation was false, fails to advise the
Registrar forthwith of such falsity, shall be guilty of an offence and liable to a fine not
exceeding level six or to imprisonment for a period not exceeding one year or to both
such fine and such imprisonment.
[amended by Act 25 of 2001 with effect from the 1st March, 2002, and by Act 22 of
2001, with effect from the 20th May, 2002.]
50
Witness giving false evidence
Any person who, after having been sworn or having in lieu thereof made an
affirmation or declaration, wilfully gives false evidence before the Registrar or the
Tribunal concerning the subject-matter of the proceedings in question, knowing such
evidence to be false or not knowing or believing it to be true, shall be guilty of an
offence and liable to a fine not exceeding level seven or to imprisonment for a period
not exceeding two years or to both such fine and such imprisonment.
[inserted by Act 22 of 2001, gazetted on the 1st February, 2002.]
51
Penalty for falsely representing design as registered
(1) Any person who—
(a)
falsely represents that a design applied to any article sold by him is
registered in respect of that article; or
(b)
after the copyright in a registered design has expired, marks any
article to which the design has been applied with the word “registered” or any word
or words implying that there is a subsisting copyright in the design or causes any such
article to be so marked;
shall be guilty of an offence and liable to a fine not exceeding level five or to
imprisonment for a period not exceeding six months or to both such fine and such
imprisonment.
[amended by Act 22 of 2001, gazetted on the 1st February, 2002.]
(2) For the purpose of subsection (1), a person who sells an article on which he has,
or has caused to have, stamped, engraved or impressed or to which he has, or has
caused to have, otherwise applied the word “registered ” or any other word expressing
or implying that the design is registered shall be deemed to represent that the design
applied to the article is registered in respect of that article.
52
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