Section 29, The Trade Marks Act, 2014

(1) Where a person is charged with an offence undersubsection (1) of section 28, it is a good defence if that person proves that the act was done without the intent to defraud. (2) Where a person is charged with an offence under paragraph (a), (b) or (d) of subsection (1) of section 28 or under paragraph (f) of that subsection, it is a good defence if that person proves that– (a) being in the business of making articles or other instruments to make trade marks, the person applied marks or descriptions to goods and was not interested in the goods for profit or commission dependent on the sale of the goods; (b) reasonable precautions were taken against committing the offence charged; (c) at the time of the commission of the alleged offence, there was no reason, as an employee, to doubt the genuineness of the trade mark, mark or trade description; and (d) the police officer was given the relevant information with respect to the persons on whose behalf the trade mark, mark, or description was applied. (3) Where a person is charged with an offence under subsection (2) of section 28, it is good defence for that person to prove– (a) that having taken reasonable precautions against committing an offence against this Act, that person did not, at the time of the commission of the alleged offence have a reason to doubt the genuineness of the trade mark, mark or trade description and that on demand made by or on behalf of the police officer, gave the information that was required with respect to the persons from whom the goods or things were obtained; or (b) that otherwise that person had acted innocently. Offences relating to trade marks and trade descriptions. Defences. No. 8 The Trade Marks Act, 2014No. 8 The Trade Marks Act, 201418 19