65. Any person who —
makes, or causes to be made, a false entry in the Register;
makes, or causes to be made, any thing false purporting to be a copy of an entry in the Register; or
produces or tenders or causes to be produced or tendered in evidence any thing referred to in paragraph (b),
knowing or having reason to believe the entry or thing, as the case may be, is false shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 5 years or to both.
[HK Designs, s. 85; Trade Marks 1999 Ed., s. 50]
—(1) Any person who falsely represents that a design applied to any article disposed of by him for value is registered in respect of that article shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.
(2) For the purposes of subsection (1), a person shall be deemed to represent that a design applied to any article is registered in respect of that article, if there is stamped, engraved, or impressed on or otherwise applied to the article the word "registered" or anything expressing or implying that the design applied to the article has been registered in respect of that article.
(3) Any person who, after the right in a registered design has expired, marks any article to which the design has been applied with the word "registered", or anything implying that there is a subsisting right in the design under this Act, or causes any such article to be so marked, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.
[HK Designs, s. 86]
—(1) Proceedings for an offence under this Act alleged to have been committed by a partnership shall be brought against the partnership in the name of the firm and not in that of the partners; but without prejudice to any liability of the partners under subsection (3).
(2) A fine imposed on a partnership on its conviction in such proceedings shall be paid out of the partnership assets.
(3) Where a partnership is guilty of an offence under this Act, every partner, other than a partner who is proved to have been ignorant of or to have attempted to prevent the commission of the offence, is also guilty of the offence and liable to be proceeded against and punished accordingly.
(4) Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of a director, manager, secretary or other similar officer of the body corporate, or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
[Trade Marks 1999 Ed., s. 107]
—(1) The Registrar or any person authorised by him in writing may, in his discretion, compound any offence under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum of money not exceeding $2,000.
(2) The Office may, with the approval of the Minister, make regulations to prescribe the offences which may be compounded.
(3) On payment of such sum of money, no further proceedings shall be taken against such person in respect of the offence.
(4) All sums collected under this section shall be paid into the funds of the Office.