s 47 Falsely applying a registered trade mark to goods or services
47.—(1) Any person who falsely applies a registered trade mark to goods or services shall, unless the person proves that the person acted innocently, 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) For the purposes of this section and sections 49, 53 and 53A, a person falsely applies a registered trade mark to goods or services if —(a) without the consent of the proprietor of the registered trade mark, the person applies the trade mark or a sign likely to be mistaken for that trade mark to the goods or services; and (b) in the case of an application to goods, the goods are not the genuine goods of the proprietor or licensee of the registered trade mark. (3) For the purposes of subsection (2), a trade mark is deemed to be applied to goods or services if it is used in —(a) any sign or advertisement; or (b) any invoice, wine list, catalogue, business letter, business paper, price list or other commercial document, including any such document in any medium, and the goods are delivered, or services provided (as the case may be) to a person pursuant to a request or order made by reference to the trade mark as so used. (4) For the purposes of subsection (2) —(a) a sign is deemed to be applied to goods if —(i) it is applied to the goods themselves; or (ii) it is applied to any covering, label, reel or thing in or with which the goods are sold, offered or exposed for sale or had in possession for a purpose of trade or manufacture; and (b) a sign is deemed to be applied to goods or services if it is used in a manner that is likely to lead persons to believe that it refers to, describes or designates the goods or services. (5) In subsection (4) —“covering” includes any stopper, glass, bottle, vessel, box, capsule, case, frame or wrapper; “label” includes any band or ticket. (6) In a prosecution under this section or section 49, the burden of proving the consent of the proprietor lies on the accused.