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Section 381 of Penal Code CAP 63: Counterfeiting trade marks

    

(1) Any person who does any of the following things, that is to say—
(a) forges or counterfeits any trade mark;
(b) applies any trade mark, or any forged or counterfeit trade mark, to any chattel or article, not being the merchandise of any person whose trade mark is so forged or counterfeited;
(c) applies any trade mark, or any forged or counterfeited trade mark, to any chattel or article, not being the particular or peculiar description of merchandise denoted or intended to be denoted by such trade mark or by such forged or counterfeited trade mark;
(d) applies any trade mark, or any forged or counterfeited trade mark, to any thing intended for any purpose of trade or manufacture, or in, on or with which any chattel or article is intended to be sold, or is sold or offered or exposed for sale;
(e) encloses or places any chattel or article in, upon, under or with any thing to which any trade mark has been falsely applied, or to which any forged or counterfeit trade mark has been applied;
(f) applies or attaches any chattel or article to any case, cover, reel, ticket, label or other thing to which any trade mark has been falsely applied, or to which any false or counterfeit trade mark has been applied;
(g) encloses, places or attaches any chattel or article in, upon, under, with or to any thing having thereon any trade mark of any other person, is guilty of a misdemeanour, unless he proves that he acted without intent to defraud any person.
(2) Every person committing any such misdemeanour as aforesaid shall forfeit—
(a) all chattels and articles to which any such trade mark or counterfeit trade mark is applied or caused or procured to be applied;
(b) every instrument for applying such trade mark or counterfeit trade mark in his possession or power;
(c) the chattels and articles and the things mentioned in paragraphs (d), (e) and (g) of subsection (1), and all similar things made to be used in like manner in his possession or power.

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Disclaimer: This document is not to be taken as legal advise.

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