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27. Prohibition of improper use of Mark, test report or certificate

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(1)

Except under a licence granted under this Act, no person shall use, in respect of or in relation to a product or process, or in the title of a patent, or in a trade mark or design, a Mark or a colourable imitation thereof.

(2)

No person shall, notwithstanding that he has been granted a licence under this Act, use in respect of or in relation to a product or process, a Mark or a colourable imitation thereof or a test report or certificate issued by the Institute in contravention of this Act or any regulations made thereunder.

(3)

No person shall forge or, without lawful authority, alter a test report or certificate issued by the Institute.

(4)

A person who contravenes any of the provisions of subsection (1), (2) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both.

(5)

Notwithstanding the provisions of any other written law, a District Court shall have the power to impose the maximum penalties prescribed under subsection (4).

(6)

A court trying an offence under subsection (1), (2) or (3) may direct that any property in respect of which the offence has been committed shall be forfeited to the Government.[34

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