IPIN/l/SWZ/E/l
Page 4
false trade description is applied or to which any trade mark or mark so nearly resembling
a trade mark as to be calculated to deceive is falsely applied, as the case may be, shall be
guilty of an offence, unless he proves that .
(a) having taken all reasonable precautions against committing an offence
against this Act he had at the time of tl1e commission of the alleged offence
no reason to suspect the genuineness of the trade mark or trade description;
and
(b) on demand made b)! or on behalf of the complainant he' gave all the inform
ation ill his power with respect to persons from whom l1e obtained such
goods or things; OT
(c) otherwise he had acted innocently.
(3) Any person convicted of any of the offences mentioned in sub-section (1) or (2)
shall be liable to
(a) a fine not exceeding four hundred rand, or, in default of payment thereof
to imprisonment not exceeding two years, or to both such nne and imprison
ment; and
(b) forfeiture at the discretion of the court of every article, instrument or thing
by means of which or inrelation to which the offence has been committed.
Presumptions.
4.
(1) A person shall be deemed to forge a trade mark who either
(a) without the assent of the proprietor of the trade mark makes that trade
mark or a mark so nearly resembling that trade mark as to be calculated to
deceive; or
(b) falsifies any genuine trade mark whether by alteration, addition, effacement
or otherwise;
and any trade mark or mark so made or falsified is referred to in this Act as a forged trade
mark:
Provided that in any prosecution for forging a trade mark the burden of proving the
assent of the proprietor shall lie on the accused.
(2) i\. person shall be deemed to apply a trade mark or mark or trade description to
goods who -
(a) applies it to goods. themselves; or
(b) applies it to any covering, label, reel
OT other thing in or with which the
goods are sold or exposed or had in possession for any purpose of sale,
trade or manufacture; or
(c) . places, encloses or annexes any gC,JeLS which are sold or exposed or had in
possession for any purpose of sale, trade or manufacture in with or to any
covering, label, reel or other thing to which a trade rnark or trade description
has been applied; or
Cd) uses a trade mark or mark or trade description in any manner calculated to
lead to the belief that the goods in connection with which it is. used are
r"designated or described by that trade mark or mark or trade description.