584
No. 4 of 1890.
MERCHANDISE MARKS.
shall, subject to the provisions of this Ordinance and unless he proves that he acted without intent to defraud, be guilty of an offence.
(2) Every person who sells, or exposes for, or has in his possession for sale, or any purpose of trade or manufacture, any goods or things to which any forged trade mark or false trade description is applied, or to which any trade mark or mark so nearly resembling a trade mark as to be calculated to deceive is falsely applied, as the case may be, shall, unless he proves—
(a) that, having taken all reasonable precautions against committing an offence against this Ordinance, he had, at the time of the commission of the alleged offence, no reason to suspect the genuineness of the trade mark, mark, or trade description; and
(b) that, on demand made by or on behalf of the prosecutor, he gave all the information in his power with respect to the persons from whom he obtained such goods or things; or
(c) that otherwise he had acted innocently,
be guilty of an offence.
(3) Every person who is guilty of an offence against this Ordinance shall be liable,-
(a) on conviction before the Supreme Court, to imprisonment for any term not exceeding 2 years, and to a fine not exceeding 2,000 dollars; and,
(b) on summary conviction, to imprisonment for any term not exceeding 4 months, or to a fine not exceeding 100 dollars, and, in the case of a second or subsequent conviction, to imprisonment for any term not exceeding 6 months, or to a fine not exceeding 250 dollars; and,
(c) in any case, to forfeit every chattel, article, instrument, or thing by means of or in relation to which the offence has been committed.
(4) The Court or Magistrate before which or 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) 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...