IPIN/l/SWZ/E/l
Page 5
.(3) The expression "covering" includes any stopper, cask, bottle, vessel, box, cover,
capsule, case, frame or wrapper; and the expression "label" includes any band or ticket.
(4) A trade mark OT mark or trade description shall be deemed to be applied whether
it is woven, impressed or otherwise worked into, or annexed or affixed to the goods OT to any
covering, label, reel or other thing.
(5) A person shall be deemed falsely to apply to goods a trade mark or mark, who
without the assent of the proprietor of a trade mark, applies such trade mark or a mark so
nearly resembling it as to be-calculated to deceive, but in any prosecution for falsely applying
a trade mark or mark to goods the burden of proving the assent of the proprietor shall lie
on the accused.
Defences.
5.'
. If a person is charged with making anydie, block, machine cr other instrument for
the purpose of forging or being used for forging a trade mark or with falsely applying to goods
any trade mark or any mark so nearly resembling a trade mark as to be calculated to deceive,
or with applying to goods any false trade description, or causing any of the things in this
section mentioned to be done and proves
(a) that in the ordinary course of his business he is employed on behalf of other
persons to make dies, blocks, machines or other instruments for making or
being used in making trade marks or as the ease may be to apply marks or
descriptions to goods, and that in the case which is the subject of the charge
he was so employed by some person resident in Swaziland and was Dot
interested in the goods by way of profit or commission dependent on the
sale of such goods; and
(b) that he took reasonabl e precautions against committing the offence charged;
and
(c) that he had at the time of the commission of the alleged offence no reason
to suspect the genuineness of the trade mark, or mark. or trade description;
and
Cd) that he gave the complainant all the information in his power with respect
to the persons OD. whose behalf the die, block, machine or other instrument
was made OT the trade mark, mark or description was applied;
he shall be discharged from the prosecution but shall be liable to pay the costs incurred by the
complainant unless he has given due notice to him that he will rely on the above defence.
Country
of origin of watches.
6.
If a watch case has thereon any words or marks which constitute or are by common
repute considered as constituting a description of the country where it was made and the
watch bears no description of the country where it was made;. those words or marks shall
prima facie be deemed to be a description of that country within the meaning of this liet,
and the provisions of this Act with respect to goods to which a false trade description has
been applied and with res.pect to selling or exposing for or having in possession for sale or
any purpose of trade or manufacture goods with a false trade description shall apply accord-
ingly and for the purposes of this section the expression "watch" means all that portion of a
watch which is not the watch case.