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

18. Evidence

 

(1) [Sub-section (1) deleted by section 14 (a) of Act 38 of 1997.]

 

(2) In any prosecution for an offence under the provisions of this Act evidence that any imported goods were shipped at any port shall be prima facie evidence that those goods were made or produced in the country within which that port is situated.

 

(3) If in the prosecution of any person for an offence referred to in section 7 it is proved that-
(a) the accused conducts business in goods of the same or similar type as the goods to which any false trade description was applied; and
(b) the goods-
(i) were found in possession of the accused; or
(ii) the existence of which the accused was aware of or could reasonably be expected to have been aware of, were found on or in premises of which the accused was on the particular day the owner, occupier, manager or person in charge,

it shall be presumed, until the contrary is proved, that the accused offered for sale or hire the goods.

[Sub-section (3) added by section 14 (b) of Act 38 of 1997.]