Clause 3

by deleting subsection (1) and substituting the following subsection:“(1) For the purposes of this Act —

“infringing goods”, “infringing material” and “infringing articles” shall be construed in accordance with subsections (2), (3) and (4), respectively; and

“counterfeit goods” and “counterfeit trade mark” shall be construed in accordance with subsections (5) and (6), respectively.”;

by deleting the word “predominantly” in subsection (4)(a);

by inserting, immediately after subsection (4), the following subsections:“(5) Goods are “counterfeit goods”, in relation to a registered trade mark, if —

they are infringing goods in relation to that mark; and

the sign borne by them or their packaging is a counterfeit trade mark.(6) A sign is a “counterfeit trade mark”, in relation to a registered trade mark, if the sign —

is identical with or so nearly resembling the registered trade mark as to be calculated to deceive; and

is applied to goods or services —

without the express or implied consent (conditional or otherwise) of the proprietor of the registered trade mark; and

to falsely represent the goods or services to be the genuine goods or actual services of the proprietor or a licensee of the registered trade mark.”; and

by deleting the section heading and substituting the following section heading:“Meaning of infringing goods, material or articles and counterfeit goods or trade mark”.