s 46 Counterfeiting a trade mark
46.—(1) Any person who counterfeits a registered trade mark shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both. (2) A person who —(a) makes a sign identical to or so nearly resembling a registered trade mark as to be calculated to deceive; or (b) falsifies a genuine registered trade mark, whether by alteration, addition, effacement, partial removal or otherwise, without the consent of the proprietor of the registered trade mark is deemed to counterfeit a registered trade mark. (3) In a prosecution under this section, the burden of proving the consent of the proprietor lies on the accused.