Schedule 2

A person shall be deemed to counterfeit a trade mark who either —

without the consent of the proprietor of the trade mark makes that trade mark or a mark so nearly resembling that trade mark as to be calculated to deceive; or

falsifies any genuine trade mark whether by alteration, addition, effacement or otherwise.(2) In any prosecution for counterfeiting a trade mark the burden of proving the consent of the proprietor shall lie on the defendant.Marking or possession of any instrument for counterfeiting a trade mark69C. Any person who makes or has in his possession any die, plate or other instrument for the purpose of counterfeiting a trade mark, or has in his possession a trade mark for the purpose of denoting that any goods are the manufacture or merchandise of a person whose manufacture or merchandise they are not, or that they belong to a person to whom they do not belong, shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding three years or to a fine not exceeding five thousand dollars or to both.Importing or selling, etc., goods marked with a counterfeit trade mark69D. Any person who imports, sells or exposes or has in his possession for sale or any purpose of trade or manufacture any goods or things with a counterfeit trade mark affixed to or impressed upon the same or to or upon any case, package or other receptacle in which such goods are contained, shall, unless he proves that —

having taken all reasonable precautions against committing an offence under this section, he had, at the time of the commission of the alleged offence, no reason to suspect the genuineness of the mark and on demand made by or on behalf of the prosecution, he gave all the information in his power with respect to the persons from whom he obtained such goods or things; or

otherwise he had acted innocently,be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding one year or to a fine not exceeding two thousand dollars or to both.”.

Any person who causes or permits to appear on a trade mark used by him for the purposes of his trade or business any representation of the Arms or the Flag of Singapore, or of any arms or devices so nearly resembling them as to be likely to deceive, shall, unless such trade mark is authorized to be used by order of the President, be guilty of an offence.(2) Any person who imports, sells or exposes or has in his possession for sale or any purpose of trade or manufacture any goods or things to which a trade mark bearing any representation prohibited by subsection (1) of this section is applied, shall be guilty of an offence.(3) Any person guilty of an offence under subsection (1) or (2) of this section shall be liable on conviction to imprisonment for a term not exceeding two years or to a fine not exceeding five thousand dollars or both and to forfeit any goods to which the trade mark bearing the prohibited representation is applied.”.