(5) If, on the hearing of the application under section (1), the court or magistrate is satisfied that‐
(a) the goods are liable to forfeiture,; and
(b) a person has a claim thereof,
the court or magistrate may order that‐
(i) the goods be forfeited to the Government; or
(ii) the goods be destroyed; or
(iii)
any false trade description or forged trade mark applied to the goods be
obliterated and thereafter the goods be disposed of in such manner and
subject to such condition as the court or magistrate may specify in the order; or
(iv)
any false trade description or forged trade mark applied to the goods be
obliterated and thereafter the goods be released to the owner thereof or the
authorized agent of the owner subject to any condition which the court or
magistrate may specify in the order.
(6) On the hearing of an application under subsection 91), a certified true copy of the record of any
proceedings in respect of an offence under this Act shall be admissible in evidence.
PART IV‐ MISCELLANEOUS
Trade marks 29. The fact that a trade description is a trade mark, or part of trade mark, does not prevent it
containing from being a false trade description when applied to any goods, except where the following
trade conditions are satisfied, that is to say‐
description (a) that it could have been lawfully applied to the goods if this Act had not been entered;
(b) that the trade mark as applied is used to indicate such a connection between the goods and
Cap. 49:01 the proprietor of the trade mark or a person registered under section 9 and 10 of the Trade
Marks Act as a registered user of the trade mark; and
(c) that the person who is the proprietor of the trade mark is the same person as, or a successor
in title of, the proprietor on the commencement of this Act.
Definition 30. Where it appears to the Minister‐
orders (a) that it would be in the interest of person to whom any goods are supplied; or
(b) that it would be in the interest of persons by whom any goods are exported and would not
be contrary to the interest of persons to whom such goods are supplied in Malawi,
that any expressions used in relation to the goods should be understood as having defined
meanings, the Minister may by regulations made under section 33 assign such meanings either‐
(i) to those expressions when used in the course of a trade or business as, or as part of, a
trade description applied to the goods; or
(ii) to those expressions when so used in such circumstances as may be specified in the
regulations,
and where such a meaning is so assigned to an expression, it shall be deemed for the purposes of
this Act to have that meaning when used as is referred to in paragraph (i) or, as the case may be,
paragraph (ii) of this section.
Saving for 31. A contract for the supply of any goods shall not be void or unenforceable by reason only of a
contractual contravention of any provision of this Act.
Rights
Compensation 32.‐(1) Where any goods are seized or detained by an authorized officer under section 13, the
for loss of Government shall, subject to this section, be liable to compensate the owner of the goods for any
goods seized loss suffered by him by reason that the goods, during the detention, are lost or damaged or have
under section 13 deteriorated; but the owner shall not be entitled to compensate for any such loss if‐
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