71.—(1) A person shall be deemed to counterfeit a trade mark who either —
(a)
without the consent of the proprietor of the trade mark makes that trade mark or a mark so nearly resembling that trade mark as to be calculated to deceive; or
(b)
falsifies any genuine trade mark whether by alteration, addition, effacement or otherwise.
(2) In any prosecution for counterfeiting a trade mark the burden of proving the consent of the proprietor shall lie on the defendant.