8. Section 16 of the principal enactment is amended by the insertion after subsection (2) of
"(3)A licence contract concerning
(a)the registration of a mark; or
(b) an application for registration
shall provide for effective control by the licensor of the quality of the goods or services of the licensee in
connection with which the mark is used, where the control is appropriate or necessary.
(4) A licence contract is not valid if
(a) that licence contract does not provide for quality control; or
(b) the quality control is not effectively carried out
(5) A Court may declare the mark as abandoned by the owner.
(6) Abandonment is a defence in infringement proceedings."
Section 26 of Act 664 amended
9. Section 26 of the principal enactment is amended by the insertion after subsection (4) of
"(5) A person who for the purpose of gain for that person or any other person or with intent to cause loss to any
other person and without the consent of the owner of a registered trademark
(a) applies a sign or mark which is identical or likely to be mistaken for a registered trademark
(i) to goods or the packaging of goods;
(ii) for labelling goods;
(iii) for advertising goods; or
(iv) as a business paper in relation to goods;
(b) is in possession of goods with a sign or mark which is identical or likely to be mistaken for a registered
trademark with intent to sell, offer or expose for sale, hire, distribute or for any purpose of trade;
(c) manufactures goods which are identical or designed to deceive or be mistaken for a registered
demark; or
(d) is in possession of goods with intent to do an act specified under paragraph (a); or
(e) has an article in the possession, custody or control of that person in the course of business, knowing or
having reason to believe that that article is, has been, or will be used to produce goods, the labelling or
packaging goods, as a business paper in relation to goods, or for advertising goods,
commits an offence and is liable on summary conviction to a fine of not less than two thousand five hundred
penalty units and not more than seven thousand penalty units or to a term of imprisonment of not less than five
years and not more than fifteen years or to both.
(6) A person charged with an offence under subsection (5) in relation to the following is not entitled to bail:
(a) foods, drugs, medical devices, household chemicals or cosmetics;
(b)vehicle and machine parts; or
(c) electrical appliances.
Section 32A inserted
10. The principal enactment is amended by the insertion after section 32 of a new 32A
"Forfeiture and destruction of counterfeit or pirated goods
32A (1) Where in connection with an investigation or prosecution of an offence under this Act a person
finds
(a) goods or the packaging of goods which bears a sign identical to or likely to be mistaken for a
registered trade mark,
(b) a material bearing a sign intended to be used for labelling or packaging of goods, as a
business paper in relation to goods or fo r
advertising goods; or
(c) articles specifically designed or adapted for making copies of a registered trademark
that person may apply to the Court for an order for the !Drfeiture of the goods, material or articles.
(2) An application under subsection (1) may be made
(a) where proceedings have been brought in a court for a relevant offence relating to any or all of
the goods, material or articles; or
(b) where an application for the forfeiture of the goods, material or articles has been made to a
court.
(3) Where an application is made under this section, the Court shall make an order for