Intellectual Property Rights from Publicly Financed Research and
R 385
Merchandise Marks Act, 1941 (Act No. 17 of 1941)6. Applying false trade description and alteration of trade mark |
[Heading substituted by section 2 of Act 50 of 2001.]
(1) | Any person who applies any false trade description to goods shall be guilty of an offence, if- |
(a) | at the time of the commission of the alleged offence, the person knew or had reason to suspect that the trade description was not genuine; or |
(b) | the person did not take all reasonable steps in order to avoid the commission of the alleged offence. |
(2) | Any person who alters any trade mark, whether by addition of effacement or in any other manner, shall be guilty of an offence, if the person did not take all reasonable steps in order to avoid the commission of the alleged offence. |
[Section 6 amended by section 2 of Act 50 of 2001.]