Act 9 Penal Code Act 2008 371. Making or Possession of any Instrument for Counterfeiting a Property Mark. Whoever makes or has possession of any die, plate or other instrument for the purpose of counterfeiting a property mark or has in his or her possession a property mark for the purpose of denoting that any goods or commodity belong to a person to whom they do not belong, commits an offence, and upon conviction, shall be sentenced to imprisonment for a term not exceeding three years or with a fine or with both. 372. Making a False Mark upon any Receptacle Containing Goods. Whoever makes any false mark upon any case, package or other receptacle containing goods or commodities, in a manner reasonably calculated to cause any public servant or any other person to believe that such receptacle contains goods or commodities which it does not contain, the goods which it has to contain or that the goods or commodities contained in such receptacle are of a nature or quality different from the real nature or quality thereof, shall unless he or she proves that he or she acted without the intent to defraud and injure, commits an offence, and upon conviction, shall be sentenced to imprisonment for a term not exceeding three years or with a fine or with both. 373. Making use of any Such False Mark. Whoever makes use of any such false mark in any manner prohibited by section 372 of this Act, shall, unless he or she proves that he or she acted without intent to defraud and injure, commits an offence, and upon conviction, shall be sentenced as if he or she had committed an offence against that section. 374. Tampering with Property Mark with the Intent to cause Injury. Whoever removes, destroys, defaces or adds to any property mark intending or knowing it to be likely that he or she may cause injury to any person, commits an offence and upon conviction, shall be sentenced to imprisonment for a term not exceeding two years or with a fine or with both. 185

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