| (a) | falsely represents that there is a registered design in respect of any article; or |
| (b) | represents that any article is the subject of an application for the registration of a design knowing that no such application has been made or that an application made in respect thereof has been refused or withdrawn or has lapsed, |
shall be guilty of an offence and liable on conviction to a fine, or to imprisonment for a period not exceeding one year.
| (2) | If any person disposes of any article on which is stamped, engraved or impressed or to which is otherwise applied the word “design” or “registered design” or any other word expressing or implying that— |
| (a) | there is a registered design in respect of the article; or |
| (b) | the article is the subject of an application for registration of a design, or to which any marking is applied in any manner so expressing or implying, he shall be deemed for the purposes of this section to represent that there is a registered design in respect of the article or that the article is the subject of an application for registration of a design. |
| (3) | The provisions of subsection (2) shall not apply to a person who disposes of articles in good faith in the ordinary course of trade, provided, when called upon to do so, he discloses the identity of the person from whom he acquired the article in question. |
| (4) | Any person who is of the opinion that he is prejudiced by a representation referred to in subsection (1) (a) or (b), may apply to the court for an interdict against the continuation of that representation. |
