24 Trademarks No. 2 (2) The exclusive right to the use of a geographical indication given under subsection (1)(a) shall be subject to any condition or limitation to which the registration is subject. Infringement of a geographical indication Falsification of entries in the Register (3) Notwithstanding anything contained in any written law, a right to a registered geographical indication shall not be the subject matter of assignment, transmission, licensing, pledge, mortgage or any such other agreement unless it is assigned, transmitted, licensed, pledged or mortgaged to a producer who will produce the goods or carry out an activity within the geographical area specified in the Register and who shall not dilute the characteristic features of the geographical indication. 46. A registered geographical indication shall be infringed by a person who, not being an authorized user thereof,__ (a) uses the geographical indication by any means, in the designations or presentation of goods that indicates or suggests that such goods originate from a geographical area other than the true place of origin of such goods in a manner which misleads the public as to the geographical origin of such goods even where the geographical indication used is accompanied by disclaimers or expressions such as “kind”, “type’, “style”, “imitation” or “the like”; (b) uses the registered geographical indication for goods produced in the geographical area specified in the Register in respect of the geographical indication not possessing the quality, reputation or other characteristic specified in the Register; or (c) uses a geographical indication identifying__ (i) wines for wines, or any such product as may be prescribed, not originating in the place indicated by the geographical indication in question; or (ii) spirits for spirits, or any such product as may be prescribed, not originating in the place indicated by the geographical indication in question. PART VII__OFFENCES AND PENALTIES A person who__ 47. (a) makes or causes to be made, a false entry in the Register, or a writing falsely purporting to be a copy of an entry in the Register; or (b) produces or tenders, or causes to be produced or tendered in evidence any such writing, commits an offence and shall, on conviction, be liable to a fine of K3,000,000.00 and to imprisonment for five years.