No. 2 Trademarks 27 (iii) any covering bearing a mark so nearly resembling a registered trademark that is likely to deceive or cause confusion in relation to goods and services, commits an offence, and shall, on conviction, be liable to to a fine of K5,000,000.00 and imprisonment for ten years. (2) In addition to the penalty in subsection (1), the court shall order the seizure or destruction of any goods or any instruments used in the commission of the offence or make an order stopping the provision of services to which the offence relates. (3) It shall be a sufficient defence to any charge under subsection (1)(b) and (c) where an accused person proves that__ (a) in the ordinary course of his business, he was employed on behalf of other persons__ (i) to make dies, blocks, machines or other instruments for making or being used in making trademarks; (ii) to apply trademarks to goods or in relation to services; or (iii) 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 or services by way of profit or commission dependent on the sale of the goods or performance of the services; or (b) on request made by a police officer, he gave to the police officer information in his power with respect to the person on whose behalf the trade mark was applied. 52.__(1) A person who sells, imports, exports, lets for hire or distributes goods or performs any services to which__ (a) a forged registered trademark is applied; or (b) a registered trademark is falsely applied, commits an offence, and shall, on conviction, be liable to a fine of K5,000,000.00 and imprisonment for ten years. (2) It shall be a defence to any charge under subsection (1) if the person concerned proves that he took all reasonable precautions against committing an offence under this section, and on request made by a police officer or customs officer, he gave to the officer all the information in his possession with respect to the person from whom he obtained such goods. 53. Any person who, within Malawi, procures, counsels, aids, abets or is accessory to the commission outside Malawi of any offence which, if committed within Malawi, would be an offence under this Part, commits an offence, and shall, on conviction, be liable to a fine of K5,000,000.00 and imprisonment for ten years. Prohibition of sale or importation of goods with forged trademarks Aiding and abetting commission of offences outside Malawi