Commonwealth Numbered Acts

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TRADE MARKS ACT 1995 No. 119 of 1995 - SECT 147

Manufacture and possession of die etc. for use in commission of offence
147. (1) A person is guilty of an offence if the person makes a die, block,
machine or instrument:

   (a)  knowing that it is likely to be used for, or in the course of,
        committing an offence against section 145 or 146; or

   (b)  reckless of whether or not it is likely to be used for, or in the
        course of, committing an offence against section 145 or 146.

(2) A person is guilty of an offence if the person draws, or programs a
computer or other device to draw, a registered trade mark or part of a
registered trade mark:

   (a)  knowing that the trade mark or part of the trade mark is likely to be
        used for, or in the course of, committing an offence against section
        145 or 146; or

   (b)  reckless of whether or not the trade mark or part of a trade mark is
        likely to be used for, or in the course of, committing an offence
        against section 145 or 146.

(3) A person is guilty of an offence if intentionally the person has in his or
her possession, or disposes of:

   (a)  a die, block, machine or instrument; or

   (b)  a computer, or other device, programmed to draw a registered trade
        mark or part of a registered trade mark; or

   (c)  a representation of a registered trade mark or of part of a registered
        trade mark; knowing that, or reckless of whether or not, the die,
        block, machine, instrument, computer, device or representation is
        likely to be used for, or in the course of, committing an offence
        against section 145 or 146. Note 1: For registered trade mark see
        section 6. Note 2: For the penalty for an offence under this section
        see section 149. 


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