Rev. 2009]
Trade Marks
CAP. 506
49
thousand shillings or to imprisonment for a term not exceeding five
years or to both.
(2) It is 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 that the trade mark was
not genuine; and
(iv) on request made by a police officer, he gave to that police
officer information in his power with respect to the person
on whose behalf the trade mark was applied.
58E. (1) Subject to the provisions of subsection (2), any person Prohibitition of sale
who sells or imports any goods or performs any services to whichor importation of
(a) a forged registered trade mark is falsely applied; or
(b) a registered trade mark is falsely applied;
shall be guilty of an offence, and liable to a fine not exceeding two
hundred thousand shillings or to imprisonment for a term not exceeding
five years or to both.
(2) It is a defence to any charge under subsection (1) if the person
concerned proves that having taken all reasonable precautions against
committing an offence under this Part-
goods or performance
of services with
forged registered
trade mark.
5 of 1994,
4 of 2002.