IPIN/l/SWZ/E/l
Page 8
or trade mark: is fraudulent, the proper officer of customs and excise may require the importer
of the goods or his agent to produce any documents in 111s possession relating to t.he goods
and to furnish information as to the name and address of the person by whom the goods
were consigned to Swaziland and the name and address of the person to whom the goods
were sent in Swaziland; and if the importer or his agent fails within fourteen days to comply
with any snell requirement he shall for each offence forfeit the sum of t\VO hundred rand.
(7) Any information obtained from tile importer of the goods or his agent under
this section or from any other source may be communicated by the director of customs to
any person whose name or trade mark is alleged to have been used or infringed.
(8) The regulations made under this section may apply to an goods the impo-rtation
of which is prohibited by this section, or different regulations may be made regarding different
classes of such goods or offences in relation to such goods.
(9) The regulations rnav provide for the informant reimbursing the director of
customs all expenses and damages incurred in respect of any detention made on his information
and of any proceedings consequent on such detention.
14.
On the sale or in the contract for the sale of any goods to which a trade mark, or
mark or trade, description has been applied the vendor shall be deemed to warrant that the
mark. is a genuine trade mark and. not forged or falsely applied, or that the trade description
is not a false trade description within the meaning of this Act, unless the contrary is expressed
in some writing signed by or on behalf of the vendor and delivered at the time of the sale
OT contract to and accepted by the vendee.
Saving of existing rights.
15.
If at the commencement of this Act a trade description is lawfully and generally
applied to goods or a particular class or method of manufacture of such goods the provisions
of this Act relating to false trade descriptions shaI1110t apply to such trade description when
so applied:
Provided that where such trade description includes the name of a place or country
and is calculated to mislead as to the place or country where the goods to which it is applied
were actually made or produced, and the goods are Dot actually made OT produced in that
place or country this section shall DOL apply unless there is added to the trade description
immediately before or after the name of that place or country, in an equally conspicuous man
ner with that name, the name of the place or country ill which the goods were actually made
or produced with a statement that they were made or produced there.
Exemption.
16.
The Minister may, by notice in the Gazette at the request of the government of any
other country exempt under such regulations as he may approve any goods or things imported
directly into such country while in transit through Swaziland:
Provided that goods or things so exempted shall in case of re-importation into Swazi
land become subject to this . A
. ..ct.