Section 58G of Trade Marks Act CAP 506: Evidence
(1) Any invoice or other document submitted or used by an importer or any other person in connection with the importation of goods in respect of which a prosecution is brought under this Part may be produced as evidence in any criminal proceedings without calling the person who prepared or signed it.
(2) In any prosecution for an offence under this Part, evidence that any imported goods were shipped at any port of call shall be prima facie evidence that those goods were grown, manufactured or produced in the country within which that port is situated.
(3) Where, in any prosecution for an offence under this Part, the consent of the proprietor of a trade mark is a relevant issue, the onus of proving the consent of such proprietor lies on the accused.
Enhance Your Research with Bookmarks and Annotations
Here's how you can use these features:
- To bookmark this page, click the "Bookmark this Page" button below the document title.
- To add an annotation, highlight text in the document and select "Add Annotation" from the toolbar that appears.
- These features are great for organizing your research and keeping track of key information.
- You can view and manage your bookmarks and annotations on your Bookmarks and Annotations page.
- Section 58H - Forfeiture of goods
(1) On conviction of any person for an offence under this Part, the court may, in addition to any sentence passed, declare any goods in respect of or by means of which the offence was committed to be...
- Section 59 - Restraint of registration and use of Olympic symbol
(1) Subject to an authorisation by or on behalf of the International Olympic Committee, no sign consisting of or containing the Olympic symbol, as defined in the Charter of the International Olympic...
- Section 60 - Change of form of trade connexion not to be deemed to cause deception
The use of a registered trade mark in relation to goods between which and the person using it any form of connexion in the course of trade subsists shall not be deemed to be likely to cause deception...
- Section 61 - Jointly owned trade marks
(1) Where the relations between two or more persons interested in a trade mark are such that no one of them is entitled as between himself and the other or others of them to use it except— (a) on...
- Section 62 - Trusts and equities
(1) There shall not be entered in the register any notice of any trust express, implied or constructive, nor shall any such notice be receivable by the Registrar.
(2) Subject to the provisions of...
- Section 63 - Recognition of agents
(1) Where by this Act any act has to be done by or to any person in connexion with a trade mark or proposed trade mark or any procedure relating thereto, the act may, under and in accordance with the...
- Section 64 - Address for service
When an applicant for the registration of a trade mark or an agent does not reside or carry on business in Kenya, he shall give the Registrar an address for service in Kenya, and if he fails to do so...
- Section 65 - International arrangements
(1) Where any person has registered or has applied for protection for any trade mark in any foreign state with the government of which the Government of Kenya has made arrangements for mutual...
- Section 66 - Provisions as to public holidays
Whenever the last day fixed by this Act, or by any rule for the time being in force, for leaving any document with or paying any fee to the Registrar falls on a Sunday or public holiday, the document...
- Section 67 - Transitional provisions and savings
The transitional provisions and savings set out in the Third Schedule shall have effect with respect to the matters therein mentioned respectively.