Prevention of abuse of Red Cross and other emblems, signs, signals, identity cards, insignia and uniforms
8. (1) Subject to subsection (5) of this section and section 3(1) of the Namibia Red Cross Act, 1991 (Act No. 16 of 1991), no person may, without the prior written consent of the Minister of Health and Social Services or of any other person authorized in writing by the said Minister to give such consent, use for any purpose whatsoever any of the following:
(a) The emblem of a red cross with vertical and horizontal arms of the same length on, and completely surrounded by, a white ground, or the designation “Red Cross” or “Geneva Cross”;
(b) the emblem of a red crescent moon on, and completely surrounded by, a white ground, or the designation “Red Crescent”;
(c) the following emblem in red on, and completely surrounded by, a white ground, that is to say, a lion passing from right to left of, and with its face turned towards, the observer, holding erect in its raised right forepaw a scimitar, with, appearing above the lion’s back, the upper half of the sun shooting forth rays, or the designation “Red Lion and Sun”;
(d) the emblem of a white or silver cross with vertical and horizontal arms of the same length on, and completely surrounded by, a red ground, being the heraldic emblem of the Swiss Confederation, or any other design so nearly resembling that design as to be capable of being mistaken for that heraldic emblem;
(e) a design or wording so nearly resembling any of the emblems or designations specified in paragraphs (a), (b), (c) and (d) as to be capable of being mistaken for, or, as the case may be, understood as referring to, one of those emblems;
(f) such other emblems, signs, signals, identity cards, insignia or uniforms as are prescribed by regulation for the purpose of giving effect to the provisions of Protocol I.
(2) Any person who contravenes subsection (1) is guilty of an offence and liable on conviction to a fine not exceeding N$2 000 or to imprisonment for a period not exceeding six months.
(3) The Minister of Health and Social Services or any authorized person referred to in subsection (1) may not refuse to give any consent under that subsection, and may not withdraw any such consent, except for the purpose of giving effect to the provisions of the Conventions or of Protocol I.
(4) Where a court convicts a person of an offence under subsection (1), the court may, in addition to any sentence which it may impose on the convicted person in respect of the offence, order the forfeiture to the State of -
(a) any goods or other article upon or in connection with which the particular emblem, designation, design, wording, sign or signal was used by the convicted person; and
(b) any identity cards, insignia or uniforms used for the purpose of or in connection with the commission of the offence.
(5) In the case of a trade mark registered before the date of commencement of this Act, subsections (1), (2) and (3) do not apply by reason only of the trade mark consisting of or containing an emblem or designation specified in paragraph (b) or (c) of subsection (1) or a design or wording resembling such an emblem or designation, and where a person is charged with using such an emblem, designation, design or wording for any purpose and it is proved that the person charged used it otherwise than as, or as part of, a trade mark so registered, it constitutes a sufficient defence to prove -
(a) that the person charged lawfully used that emblem, designation, design or wording for that purpose before the date of commencement of this Act; or
(b) if the person is charged with using such an emblem, designation, design or wording upon goods, that that emblem, designation, design or wording had been applied to the goods before the person charged acquired them from some other person who had manufactured or dealt with the goods in the course of trade and who lawfully used that emblem, designation, design or wording upon similar goods before the date of commencement of this Act.
(6) Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of a director, manager, secretary or other officer of the body corporate, or a person acting or purporting to act in any such capacity, such director, manager, secretary, officer or other person, as well as the body corporate, is deemed to have committed the offence and is liable to be proceeded against and punished accordingly.
(7) This section extends to the use in or outside Namibia of an emblem, designation, design, wording, sign, signal, identity card, insignia or uniform referred to in subsection (1) on any ship or aircraft registered in Namibia.
(8) No prosecution for an offence under this section may be instituted without the written authority of the Prosecutor-General.
Improper use of the emblems of the Geneva Conventions - IAC
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