TRADE MARKS ACT whichever is the earlier. 90 Evidence (1) Any invoice or other document submitted or used by an importer or any other person in connection with the importation of goods in respect of which a prosecution is brought under this Part may be produced as evidence in any criminal proceedings without calling the person who prepared or signed it. (2) In any prosecution for an offence under this Part, evidence that any imported goods were shipped at any port of call shall be prima facie evidence that those goods were grown, manufactured or produced in the country within which that port is situated. (3) Where, in any prosecution for an offence under this Part, the consent of the proprietor of a trade mark is a relevant issue. the onus of proving the consent of such proprietor shall lie on the accused. 91 Forfeiture of goods (1) On conviction of any person for an offence under this Part, the court may, in addition to any sentence passed, declare any goods in respect or by means of which the offence was committed to be forfeited to the State, unless the owner of the goods or any person acting on his behalf or other person interested in the goods shows cause to the contrary. (2) After any goods in respect of or by means of which it is suspected that an offence under this Part has been committed are seized by a police officer and no prosecution is instituted following that seizure— (a) the magistrate shall, on application by a police officer, cause a notice to be published in the Gazette and in a newspaper circulating in the area stating that unless cause is shown to the contrary at the time and place specified in the notice such goods shall be declared forfeited; and (b) at the time and place referred to in paragraph (a) the magistrate may, unless the owner of the goods or any person acting on his behalf or other person interested in the goods shows cause to the contrary declare such goods to be forfeited to the State. ss 82–86 93 Penalty for falsely representing a trade mark as registered (1) Any person who makes a representation— (a) with respect to a mark not being a registered trade mark, to the effect that it is a registered trade mark; or (b) with respect to a part of a registered trade mark not being a part separately registered as a trade mark, to the effect that it is so registered; or PART XIV OFFENCES AND PENALTIES 92 Falsification of entries in Register Any person who— (a) makes or causes to be made a false entry in the Register; or (b) makes or causes to be made a writing falsely purporting to be a copy of an entry in the Register; or (c) produces or tenders or causes to be produced or tendered in evidence any writing referred to in paragraph (b), knowing the entry or writing to be false; shall be guilty of an offence. 121 [Chapter 26:04]