CAP. 63
Penal Code
[Rev. 2012]
381. Counterfeiting trade marks
(1) Any person who does any of the following things, that is to say—
(a) forges or counterfeits any trade mark;
(b) applies any trade mark, or any forged or counterfeit trade mark, to
any chattel or article, not being the merchandise of any person whose
trade mark is so forged or counterfeited;
(c) applies any trade mark, or any forged or counterfeited trade mark, to
any chattel or article, not being the particular or peculiar description of
merchandise denoted or intended to be denoted by such trade mark
or by such forged or counterfeited trade mark;
(d) applies any trade mark, or any forged or counterfeited trade mark, to
any thing intended for any purpose of trade or manufacture, or in, on
or with which any chattel or article is intended to be sold, or is sold or
offered or exposed for sale;
(e) encloses or places any chattel or article in, upon, under or with any
thing to which any trade mark has been falsely applied, or to which
any forged or counterfeit trade mark has been applied;
(f) applies or attaches any chattel or article to any case, cover, reel,
ticket, label or other thing to which any trade mark has been falsely
applied, or to which any false or counterfeit trade mark has been
applied;
(g) encloses, places or attaches any chattel or article in, upon, under, with
or to any thing having thereon any trade mark of any other person,
is guilty of a misdemeanour, unless he proves that he acted without intent to defraud
any person.
—
(2) Every person committing any such misdemeanour as aforesaid shall forfeit
(a)
(b)
(c)
all chattels and articles to which any such trade mark or counterfeit
trade mark is applied or caused or procured to be applied;
every instrument for applying such trade mark or counterfeit trade
mark in his possession or power;
the chattels and articles and the things mentioned in paragraphs (d),
(e) and (g) of subsection (1), and all similar things made to be used
in like manner in his possession or power.
[Act No. 40 of 1952, Sch., Act No. 24 of 1967, Sch.]
CHAPTER XXXIX – PERSONATION
382. Personation in general
(1) Any person who, with intent to defraud any person, falsely represents
himself to be some other person, living or dead, is guilty of a misdemeanour.
[Issue 1]
P6-112
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