84 Prohibition of forgery of registered trade marks and other acts (1) Subject to subsection (2), any person who— (a) forges a registered trade mark; or (b) falsely applies to goods or in relation to services a registered trade mark; or makes a die, block, machine or other instrument for the purpose of (c) forging, or of being used for forging, a registered trade mark; or (d) disposes of, or has in his possession, a die, block, machine or other instrument for the purpose of forging, or of being used for forging, a registered trade mark; or (e) without the consent of the proprietor of a registered trade mark— (i) makes, imports or has in his possession any device for applying that registered trade mark to goods or in relation to services; or (ii) makes any reproductions, replicas or representations of that trade mark; or (iii) imports any reproductions, replicas or representations of that trade mark otherwise than on goods to which they have been applied; or (f) makes, imports or has in his possession— (i) any device for applying to any goods or in relation to any services a mark so nearly resembling a registered trade mark as to be likely to deceive or cause confusion; or (ii) any reproductions, replicas or representations of a mark so nearly resembling a registered trade mark as to be likely to deceive or cause confusion, for the purpose of applying them to goods or in relation to services contrary to the provisions of this Part; or (iii) any coverings bearing a mark so nearly resembling a registered trade mark as to be likely to deceive or cause confusion, for the purpose of using them to cover or contain, or in relation to, goods contrary to the provisions of this Part; shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment. [inserted by Act 22 of 2001, gazetted on the 1st February, 2002.] (2) It shall be a sufficient defence to any charge— (a) under subsection (1), if the person concerned proves that he acted without intent to defraud; or (b) under paragraph (b) or (c) of subsection (1) if the person concerned proves that— (i) 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 to goods or in relation to services 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 or services by way of profit or commission dependent on the sale of such goods or performance of such services; and (ii) he took reasonable precautions against committing the offence charged; and (iii) he had, at the time of the commission of the alleged offence, no reason to suspect the genuineness of the trade mark; and (iv) on request made by an inspector or police officer, he gave to that inspector or police officer all the information in his power with respect to the persons on whose behalf the trade mark was applied. 85 Prohibition of sale or importation of goods or performance of services with forged registered trade mark (1) Subject to subsection (2), any person who sells or imports any goods or performs