Section 10
ActIn forceProvision 18 of 44
Section 10
(1)
A person shall be deemed to counterfeit a trade mark or property mark who either -
(a)
without the assent of the proprietor of the trade mark or property mark makes the trade mark or property mark or a mark so nearly re-sembling that trade mark or property mark as to be calculated to deceive; or
(b)
falsifies any genuine trade mark or property mark whether by alteration, addition, effacement or otherwise;
and any trade mark 'br property mark so made or falsified is in this Act referred to as a counterfeit trade mark or proper-ty mark.
(2)
In any prosecution for counterfeiting a trade mark or property mark the burden of proving the assent of the proprietor shall lie on the defendant.