Act 17
Trademarks Act
PART VII—EVIDENCE.
2010
68. Mode of giving evidence.
(1) In any proceeding under this Act before the registrar, the
evidence shall be given by statutory declaration in the absence of
directions to the contrary, but, in any case in which the registrar thinks
fit, he or she may take evidence orally in place of or in addition to
evidence by statutory declaration.
(2) The statutory declaration may, where there is an appeal, be
used before the court in place of evidence by affidavit; and if used
shall have all the incidents and consequences of evidence by affidavit.
(3) Where any part of the evidence is taken orally, the registrar
shall, in respect of requiring the attendance of a witness and taking
evidence on oath, be in the same position in all respects as a magistrate.
69. Evidence of entries in register.
(1) A copy of an entry in the register purporting to be certified
by the registrar and sealed with his or her seal, shall be admitted in
evidence in all courts and in all proceedings, without further proof or
production of the original.
(2) A person who requires a certified copy under subsection (1)
is entitled to obtain it upon payment of the prescribed fee.
70. Evidence of entries made or of things done by the registrar.
A certificate purporting to be signed by the registrar as to an entry,
matter or thing that he or she is authorised by this Act to make or do, is
prima facie evidence of the entry having been made and of the contents
and of the matter or thing having been done or not been done.
PART VIII—OFFENCES.
71. Forging or counterfeiting trade mark.
Any person who with intention to defraud or to enable another to
defraud any person, forges or counterfeits a trade mark commits an
offence and is liable on conviction to a fine not exceeding forty eight
currency points or imprisonment not exceeding two years or both.
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