Section 79 in The Trade And Merchandise Marks Act, 1958
79. Penalty for selling goods to which a false trade mark or false trade description is applied.
- Any person who sells, or exposes for sale, or has in his possession for sale or for any purpose of trade or manufacture, any goods or things to which any false trade mark or false trade description is applied or which, being required under section 117 to have applied to them an indication of the country or place in which they were made or produced or the name and address of the manufacturer or the person for whom the goods are manufactured, are without the indication so required, shall, unless he proves,-(a)that, having taken all reasonable precautions against committing an offence against this section, he had at the time of the commission of the alleged offence no reason to suspect the geniuses of the trade mark or trade description or that any offence had been committed in respect of the goods and(b)that, on demand by or on behalf of the prosecutor, he gave all information in his poser with respect to the person from whom he obtained such goods or things; or(c)that otherwise he had acted innocently; be punishable with imprisonment for a term which may extend to two years, or with fine, or with both:Provided that when the offence against this section is in relation to goods or any package containing goods which are drugs as defined in clause (b) of section 3 of the Drugs Act, 1940 (23 of 1940), or "food" as defined in clause (v) of section 2 of the Prevention of Food Adulteration Act, 1954 (37 of 1954), the offender shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.
