(b)
make any die, block, machine or other instrument for the
purpose of forging or of being used for forging a trade mark;
or
LAWS OF MALAWI
Merchandise marks
Cap. 49:04
(c)
dispose of or have his possession any die, block, machine or
other instrument for the purpose of forging a trade mark; or
(d)
falsely apply to goods any trade mark or a mark so nearly
resembling a trade mark as to be likely to deceive; or
(e)
without the consent of the proprietor of a trade mark, mark,
make, import or have in his possession any device for
applying that trade mark to goods or make any
reproductions, replicas or representations of that trade mark
or import them otherwise than on goods to which they have
been applied for the purpose of applying them contrary to
this Act; or
(f)
make, import or have in his possession any device for
applying to any goods a mark so nearly resembling a trade
mark as to be likely to deceive; or
(g)
make, import or have in his possession any coverings, labels,
reels or any reproductions, replicas or representations of a
trade mark or a mark so nearly resembling a trade mark as to
be likely to deceive for the purpose of applying them to
goods contrary to this Act; or
(h)
apply any false trade description to goods.
(2)
It shall be a sufficient defence to any charge under subsection (1) if
the accused satisfies the court that he acted without intent to defraud.
(3)
In any prosecution for a contravention of subsection (1)(b), (d) or (h),
it shall be a sufficient defence if the accused satisfies the court that:(a)
in the ordinary course of his business he was employed, on
behalf of other persons, either to make dies, blocks, machines
or other instruments for making or being used in making
trade marks, or, as the case may be, to apply trade marks or
trade descriptions to goods and that in the case which is the
subject of the charge he was so employed by some other
person and was not interested in the goods by way of profit
or commission dependent on the sale of such goods; and
(b)
he took reasonable precautions against committing the
offence charged; and
(c)
he had, at the time of the commission of the alleged offence,
no reason to suspect the genuineness of the trade mark or
trade description; and