(b) make any die, block, machine or other instrument for the purpose of forging or of being used for forging a trade mark; or LAWS OF MALAWI Merchandise marks Cap. 49:04 (c) dispose of or have his possession any die, block, machine or other instrument for the purpose of forging a trade mark; or (d) falsely apply to goods any trade mark or a mark so nearly resembling a trade mark as to be likely to deceive; or (e) without the consent of the proprietor of a trade mark, mark, make, import or have in his possession any device for applying that trade mark to goods or make any reproductions, replicas or representations of that trade mark or import them otherwise than on goods to which they have been applied for the purpose of applying them contrary to this Act; or (f) make, import or have in his possession any device for applying to any goods a mark so nearly resembling a trade mark as to be likely to deceive; or (g) make, import or have in his possession any coverings, labels, reels or any reproductions, replicas or representations of a trade mark or a mark so nearly resembling a trade mark as to be likely to deceive for the purpose of applying them to goods contrary to this Act; or (h) apply any false trade description to goods. (2) It shall be a sufficient defence to any charge under subsection (1) if the accused satisfies the court that he acted without intent to defraud. (3) In any prosecution for a contravention of subsection (1)(b), (d) or (h), it shall be a sufficient defence if the accused satisfies the court that:(a) in the ordinary course of his business he was employed, on behalf of other persons, either to make dies, blocks, machines or other instruments for making or being used in making trade marks, or, as the case may be, to apply trade marks or trade descriptions to goods and 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 by way of profit or commission dependent on the sale of such goods; and (b) he took reasonable precautions against committing the offence charged; and (c) he had, at the time of the commission of the alleged offence, no reason to suspect the genuineness of the trade mark or trade description; and

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