produced or tendered in evidence, any document falsely purporting to be a copy of an
entry in the Register, knowing the document to be false;
shall be guilty of an offence and liable to a fine not exceeding twenty thousand
dollars or to imprisonment for a period not exceeding two years or to both such fine
and such imprisonment.
36
Deceiving or influencing Registrar or officer
(1) Any person who, for the purpose of—
(a)
deceiving the Registrar or any other officer of the Trade Marks Office
in the execution of his functions under this Act; or
(b)
procuring or influencing the doing or omission of anything in relation
to this Act;
makes or submits a false statement or representation, whether orally or in writing,
knowing the statement or representation to be false, shall be guilty of an offence and
liable to a fine not exceeding twenty thousand dollars or to imprisonment for a period
not exceeding two years or to both such fine and such imprisonment.
(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 and who, on becoming aware that the
statement or representation was false, fails to advise the Registrar forthwith of its
falsity, shall be guilty of an offence and liable to a fine not exceeding two thousand
dollars or to imprisonment for a period not exceeding three months or to both such
fine and such imprisonment.
37
Witness giving false evidence before Registrar
Any person who, after having been sworn, wilfully gives false evidence before the
Registrar concerning the subject-matter of the proceedings in question, knowing his
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 twenty thousand dollars or to imprisonment
for a period not exceeding two years or to both such fine and such imprisonment.
PART IX
EVIDENCE
38
Register to be evidence of entries therein
The Register shall be prima facie evidence of anything that is required or permitted
by or under this Act to be entered in it.
39
Evidence of certain entries and documents
(1) In any proceedings before the Tribunal or any court, a document purporting to be
a copy of an entry in the Register provided in terms of section eight shall be
admissible on its production by any person as prima facie evidence of the entry
having been made and of its contents.
(2) In any proceedings before the Tribunal or any court, a document purporting to be
a statement by the Registrar, certified with the seal of the Patent Office and giving
particulars of¾
(a)
any proceedings before him in terms of this Act; or
(b)
the grounds for any decision or order given or made by him in terms
of this Act; or
(c)
the practice of the Trade Marks Office; or
(d)
any document kept in the Trade Marks Office; or
(e)
any other matter which is within his knowledge as Registrar;
shall be admissible on its production by any person as prima facie evidence of the
facts stated in the document.
PART X
GENERAL
40
Recognition of agents
Where by this Act anything is to be done by or to any person in connection with the
registration of a geographical indication, it may be done by or to that person’s duly
authorised agent, where the agent is¾