20.
(1) Any invoice or other document submitted or used by an importer or any
other person in connection with the importation of goods in respect of which a
prosecution is brought under this Act may be produced as evidence in any
criminal proceedings without calling the person who prepared or signed it.
LAWS OF MALAWI
Merchandise marks
21.
22.
23.
24.
Evidence.
Cap. 49:04
(2)
In any prosecution for an offence under the provisions of this Act,
evidence that any imported goods were shipped at any port of call
shall be prima facie evidence that those goods were made or produced
in the country within which that port is situated.
(3)
Where, in any prosecution for a contravention of this Act, the consent
of the proprietor of a trade mark is a relevant issue, the onus of
proving the consent of such proprietor shall lie on the accused.
No person shall within Malawi procure, counsel, aid, bet or be accessory to the
commission outside Malawi of any act which, if committed in Malawi, would
be an offence under this Act.
No prosecution for any offence this Act shall be commenced after the
expiration of a period of three years reckoned from the date on which the
offence was alleged to have been committed or one year next after the first
discovery thereof by an inspector, police officer, or customs officer, whichever
expiration first happens.
Subject to this Act, any person who contravenes or fails to comply with any
provision of this Act shall be liable:(a)
on first conviction, to a fine of £100 and to imprisonment for
one year;
(b)
on the second or any subsequent conviction, to a fine of £200
and to imprisonment for two years.
(1) Upon conviction of an offender under this Act, the judge or magistrate
presiding at the trial, in addition to passing sentence, declare any goods in
respect or by means of which the offence was committed to be forfeited, unless
the owner of the goods or any person acting o his behalf other persons
interested in the goods shows cause to the contrary.
(2)
If any goods in respect or by means of which it is suspected that an
offence under this Act has been committed are seized by a police
officer under any law and taken before a magistrate, and, if no
prosecution is instituted following that seizure, the magistrate shall,
on application by a police officer, cause a notice to be published in the
Gazette and in a newspaper circulating in his District stating that,
unless cause is shown to the contrary at the time and place named in
the notice, such goods shall be declared forfeited.
(3)
At such time and place, the magistrate may unless the owner of the
goods or any person acting o his behalf or other person interested in
Aiding and
abetting offences.
Limitation o
prosecution.
Offences a
penalties.
Forfeiture.
f
nd