Section 48, The Trade Marks Act, 2014

(1) A person who infringes a right protected under this Act willfully or by gross negligence and for profit-making purposes commits an offence and is liable on conviction to a fine not exceeding sixty million leones or to imprisonment for a term not exceeding five years or to both the fine and imprisonment. Evidence of things done by Registrar. Conservatory provisions and measures. Act No. 9 of 2011. Civil remedies. Criminal sanctions No. 8 The Trade Marks Act, 2014No. 8 The Trade Marks Act, 201424 25 (2) The Tribunal shall fix the amount of the fine, taking into particular account, the defendant's profits attributable to the infringement. (3) The Tribunal may increase up to double the upper limit of the penalties specified in subsection (1), where the defendant has been convicted for a new act of infringement within five years of a previous conviction for an infringement. (4) The Tribunal shall also apply in criminal proceedings the measures and remedies referred to in sections 74 and 75 of the Criminal Procedure Act, or the corresponding sections provided in any Criminal Procedure Act in force. (5) The Tribunal shall have exclusive original jurisdiction for the trial of all offences under this Act.