THE HONGKONG GOVERNMENT GAZETTE, 9TH AUGUST, 1890.
(4.) The Court or Magistrate before whom any person is convicted under this section may order any forfeited articles to be destroyed or otherwise disposed of as the Court or Magistrate thinks fit.
(5.) Any offence for which a person is under this Ordi- nance liable to punishment on summary conviction may be proscented and any fine imposed may be enforced and recovered and any articles liable to be forfeited may be forfeited in manner provided by any Ordinance for the time being in force regulating the practice and procedure before Magistrates in relation to offences punishable on summary conviction: Provided that a person charged with an offence under this section before a Magistrate shall, on appearing before such Magistrate, and before the charge is gone into, be informed of his right to be tried on information before the Supreme Court, and if he requires to be so tried, be committed for trial and be so tried accordingly.
3. (1.) For the purposes of this Ordinance; The ex- pression "trade mark" means a trade mark registered in the Register of trade marks kept nuder any Ordinance in force in this Colony or under The Patents Designs and Trade Marks Acts 1883 to 1888, und includes any trade mark which, either with or without registration, is protected by law in any British possession or foreign State to which the provisions of the Patents, Desigus and Trade Marks Act, 1883 section 103 arc, under Order in Council, for the time being applicable.
The expression " trade description" means any description, statement, or other indication, direct or indirect,
(a.) weight of any goods, or as to the number, quantity,
measure, gauge, or
(b.) as to the place or country in which any goods
were made or produced, or
(c.) as to the mode of manufacturing or producing
any goods, or
(d.) as to the material of which any goods are com-
posed, or
(e.) as to any goods being the subject of an existing
patcut, privilege, or copyright,
and the use of any figure, word, or mark which, according to the custom of the trade, is commonly taken to be an indication of any of the above matters, shall be deemed to be a trade description within the meaning of this Ordi-
nance.
The expression "false trade description" means a trade description which is false in a material respect as regards the goods to which it is applied, and includes every alter- ation of a trade description, whether by way of addition, effacement, or otherwise, where that alteration makes the description false in a material respect, and the fact that a trade description is a trade mark, or part of a trade mark, shall not prevent such trade description being a false trade description within the meaning of this Ordinance.
The expression "goods" means anything which is the sub- ject of trade, manufacture, or merchandise.
The expressions "person," "manufacturer," "dealer," or “trader" and "proprietor" include any body of persons corporate or unincorporate.
The expression
name.
name " includes any abbreviation of a
(2.) The provisions of this Ordinance respecting the ap- plication of a false trade description to goods shall extend to the application to goods of any such figures, words, or marks, or arrangement or combination thereof, whether in- cluding a trade mark or not, as are reasonably calculated to lead persons to believe that the goods are the manu- facture or merchandise of some person other thau the person whose manufacture or merchandise they really are.
(3.) The provisions of this Ordinance respecting the ap- plication of a false trade description to goods, or respecting goods to which a false trade description is applied, shall extend to the application to goods of any false name or initials of a person, and to goods with the false name or initials of a person applied, in like manner as if such name or initials were a trade description, and for the purpose of this enactment the expression "false name" or "initials" means as applied to any goods, any name or initials of a person which
1 terpreta-
(birl, sec. 3.)
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