1 the importation into uganda and the exportation

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(1) The importation into Uganda and the exportation from Uganda of any goods to which has been applied a false trade mark or any trade mark contrary to this Act is prohibited. 61
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Act 17 Trademarks Act 2010 (2) A person who contravenes this section commits an offence and is liable on conviction to a fine not exceeding forty eight currency points or imprisonment not exceeding two years of both; and the goods to which the offence relates may be forfeited by order of the court under section 81(4). 79. Civil remedies. (1) A person whose rights under this Act are in imminent danger of being infringed or are being infringed may institute civil proceedings in the court for an injunction to prevent the infringement or to prohibit the continuation of the infringement. (2) Upon an ex-parte application by a right owner, the court may in chambers make an order for the inspection of or removal from the infringing person’s premises or control, of the right infringing materials, which constitute evidence of infringement by that person. (3) The grant of an injunction under subsection (1) shall not affect the owner’s claim for damages in respect of loss sustained by him or her as a result of the infringement of the rights under this Act. (4) A person who sustains any damage because of the infringement of his or her rights under this Act may claim damages against the person responsible for the infringement whether or not that person has been successfully prosecuted. 80. Offences by companies and other bodies. (1) Where an offence is committed— (a) by a body corporate, every director and the secretary of the body corporate shall be taken to have committed the offence; and (b) in the case of a partnership or other body not being a body corporate, every partner or member shall be taken to have committed the offence. 62
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Act 17 Trademarks Act 2010 (2) A person shall not be taken to have committed an offence under subsection (1) if he or she proves to the satisfaction of the court that the offence for which he or she is charged was committed by some person other than himself or herself and was without his or her consent or connivance and that he or she exercised all diligence to prevent the commission of the offence as he or she ought to have exercised in the circumstances. P ART IX—M ISCELLANEOUS 81. Penalties and compensation. (1) In addition to any punishment imposed by the court in respect of an offence under this Act in an action for infringement, a relief by way of damages, injunctions, account of profits or otherwise, shall be available to the plaintiff as in any other corresponding proceedings in respect of infringements of other proprietary rights and in that action the court may give such orders as are necessary to— (a) enable the plaintiff to obtain evidence of an infringement which he or she intends to adduce at the trial; (b) prohibit the defendant from removing his or her assets from the jurisdiction of the court or otherwise wasting them, to the extent that those assets are necessary to satisfy the plaintiff’s claim if he or she succeeds at the trial.
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