Cap. 9 Art. 303Exemption from punishment.

In the cases referred to in article 298(1)(g), no punishment shall be awarded if the accused proves -

(a) that, in the ordinary course of his business he is employed, on behalf of other persons, to make dies, blocks, machines or other instruments for making or being used in making trade marks, or, as the case may be, to apply marks, devices or emblems to goods; and

(b) that, in the case which is the subject of the charge, he was so employed by some person resident in Malta, and was not in any manner whatsoever interested in the goods by way of profit dependent on the sale of the goods to which any such mark, device or emblem might have been applied.