Merchandise Marks Act, 1941 (Act No. 17 of 1941)

7. Sale and hiring out of goods bearing false trade descriptions

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Any person who sells or lets or offers for sale or hire any goods to which any false trade description is applied, or in relation to which a trade mark has been altered in any manner, shall be guilty of an offence, if-

(a) at the time of the commission of the alleged offence, the person knew or had reason to suspect that the trade description was not genuine or that the trade mark had been altered; or
(b) the person did not take all reasonable steps in order to avoid the commission of the alleged offence.

 

[Section 7 substituted by  section 3 of Act 50 of 2001.]