section, be received in evidence of those matters in any proceedings under this Act.
(2) Such a certificate shall not be received in evidence‐
(a) unless the party against whom it is to be given in evidence has been served with copy
thereof not less than 7 days before the hearing; or
(b) if that party has, not less than 3 days before the hearing, served on the other party
requiring the attendance of the person issuing the certificate.
(3) For the purposes of this section any document purporting to be such a certificate as is referred
to in this section shall be deemed to be such a certificate unless the contrary is shown.
Description of 23. In any information, indictment, pleading, proceeding or document in which any trade mark or
a trade mark in forged trade mark is intended to be mentioned, it shall be sufficient, without further description
pleading, etc and without any copy or facsimile, to declare that trade mark or forged trade mark to be a trade
mark or forged trade mark.
Defence 24. (1) In any proceedings for an offence under Act it shall, subject to subsection (2), be a defence
mistake, for the person charge to prove‐
Accident, etc (a) that the commission of the offence was due to a mistake or to reliance on information
supplied to him or to the act or default of another person, an accident or some other cause
beyond his control; and
(b) that he took all reasonable precautions and exercised all due diligence to avoid the
commission of such an offence by himself or any person under his control.
(2) If in any case the defence provided by subsection (1) involves the allegation that the
commission of the offence was due to the act or default of another person or to reliance on
information supplied by another person, the person charged shall not, without leave of the court,
be entitled to rely on that defence unless, within period ending 7 clear days before the hearing,
he has served on the prosecution a notice in writing giving such information identifying or
assisting in the identification of that other person as was then in his possession.
(3) In any proceedings for an offence under section 6 (1) (a) (ii) or (b) it shall be a defence for the
person charged to prove that he did not know, had no reason to suspect and could not with
reasonable diligence have ascertained that the goods did not conform to the description or that
the description had been applied to the goods.
(4) In any proceedings for an offence under section 8 (2) it shall be a defence for the person
charged to prove that he did not know, had no reason to suspect and could not with reasonable
diligence have ascertained that a forged trade mark had been applied to the goods or that a trade
mark so nearly resembling a trade mark as to be calculated to deceive had falsely been applied to
the goods.
Innocent 25. In any proceedings for an offence under this Act committed by the publication of an
publication of advertisement it shall be a defence for the person charged to prove that he is a person whose
advertisements business it is to publish or arrange for the publication of advertisements and that he received the
advertisement for publication in the ordinary course of business and did not know and had no
reason to suspect that its publication would amount to an offence under this Act.
Costs in 26. In any proceedings under this Act, the magistrate or court hearing the proceedings may,
proceedings notwithstanding any provision of any other Act, make such order as to costs as he or it may think
fit.
Goods liable 27.‐(1)_ Any goods in respect of which an offence under this Act has been committed shall be
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