LAWS OF MALAWI Merchandise marks (d) 6. on request made by an inspector, police officer or customs officer, he gave to such inspector or such officer all the information in his power with respect to the persons on whose behalf the trade mark or trade description was applied. (1) No person shall sell any goods:- (2) 7. Cap. 49:04 (a) to which any forged trade mark or false trade description is applied; or (b) to which any trade mark or a mark so nearly resembling a trade mark as to be likely to deceive is falsely applied. It shall be a sufficient defence to any charge under subsection (1) if the accused satisfies the court that:(a) Having taken all reasonable precautions against committing an offence against this Act, he had at the time of the sale no reason to suspect the genuineness of the trade mark or trade description and, one request made by an inspector, police officer or customs officer, he gave to such inspector or such officer all the information in his power with respect to the persons from whom he obtained such goods; or (b) Otherwise he had acted innocently. (1) Subject to subsection (2), no person shall sell or for the purpose of advertising goods distribute any goods manufactured externally, any goods assembled externally or any goods mixed externally or samples of such goods to which there is applied an offending mark unless there is also applied to those goods in the manner specified in section 10 the name of the country in which those goods were manufactured, assembled or mixed so as to indicate that those goods were manufactured, assembled or mixed, as the case may be, in that country. (2) Prohibition of sa le of goods beari ng forged trade mark or fa lse tra de description. This section shall not have effect in respect of the application of a name or trade mark to:(a) Parts or materials of a type suitable only for consumption in a process of manufacture; or (b) articles to be used as coverings, labels or reels or to article in or with which goods manufactured, made, produced, assembled or mixed in Malawi are to be sold. Prohibition of sa le of im ported goods unless accompanied by indication of origin.

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