67 chief justice to make rules of procedure 1 the

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67. Chief Justice to make rules of procedure (1) The Chief Justice, in consultation with the Attorney General may make rules as to the practice and procedure to be observed in respect of any jurisdiction which under this Act is exercisable by the High Court and also in respect of any appeals from the exercise of that jurisdiction. (2) Rules made under this section may, in the case of the High Court, the Court of Appeal and the Supreme Court, apply to the proceedings the rules of practice and procedure applicable to civil proceedings in the High Court, the Court of Appeal or the Supreme Court as the case may be, subject to such modifications as may be specified in the rules. 56
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Act 17 Trademarks Act 2010 P ART VII—E VIDENCE . 68. Mode of giving evidence. (1) In any proceeding under this Act before the registrar, the evidence shall be given by statutory declaration in the absence of directions to the contrary, but, in any case in which the registrar thinks fit, he or she may take evidence orally in place of or in addition to evidence by statutory declaration. (2) The statutory declaration may, where there is an appeal, be used before the court in place of evidence by affidavit; and if used shall have all the incidents and consequences of evidence by affidavit. (3) Where any part of the evidence is taken orally, the registrar shall, in respect of requiring the attendance of a witness and taking evidence on oath, be in the same position in all respects as a magistrate. 69. Evidence of entries in register. (1) A copy of an entry in the register purporting to be certified by the registrar and sealed with his or her seal, shall be admitted in evidence in all courts and in all proceedings, without further proof or production of the original. (2) A person who requires a certified copy under subsection (1) is entitled to obtain it upon payment of the prescribed fee. 70. Evidence of entries made or of things done by the registrar. A certificate purporting to be signed by the registrar as to an entry, matter or thing that he or she is authorised by this Act to make or do, is prima facie evidence of the entry having been made and of the contents and of the matter or thing having been done or not been done. P ART VIII—O FFENCES . 71. Forging or counterfeiting trade mark. Any person who with intention to defraud or to enable another to defraud any person, forges or counterfeits a trade mark commits an offence and is liable on conviction to a fine not exceeding forty eight currency points or imprisonment not exceeding two years or both. 57
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Act 17 Trademarks Act 2010 72. Falsification of entries in register. Where a person makes or causes to be made a false entry in the register, a writing falsely purporting to be a copy of an entry in the register, produces, tenders, causes to be produced or tendered in evidence the writing, knowing the entry or writing to be false, he or she commits an offence and is liable on conviction to a fine not exceeding one hundred currency points or imprisonment not exceeding five years or both.
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