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8
CAP. 362]
[1987 Ed.
Trade Descriptions
Offences in respect of trade descriptions. [cf. 1968 c. 29, s. 1.)
2N272/90
Trade descriptions used in advertisements. [cf. 1968 c. 29, s. 5.]
(c) uses the trade description or trade mark or mark in any manner likely to be taken as referring to the goods; or
(d) makes in any affidavit, declaration or writing any statement to the effect that a trade description or trade mark or mark is applicable to the goods.
(2) An oral statement may amount to the use of a trade description or trade mark or mark.
(3) Where goods are supplied in pursuance of a request in which a trade description or trade mark or mark is used and the circumstances are such as to make it reasonable to infer that the goods are supplied as goods corresponding to that trade description or trade mark or mark, the person supplying the goods shall be deemed to have applied that trade description or trade mark or mark to the goods.
7. (1) Subject to the provisions of this Ordinance, any person who-
(a) in the course of any trade or business--
(i) applies a false trade description to any goods; or
(ii) supplies or offers to supply any goods to which a false trade description is applied; or
(b) has in his possession for sale or for any purpose of trade or manufacture any goods to which a false trade description is applied,
commits an offence.
(2) A person exposing goods for supply or having goods in his possession for supply shall be deemed to offer to supply them.
(3) Subject to the provisions of this Ordinance any person who disposes of or has in his possession any die, block, machine, or other instrument for the purpose of making, or applying to goods a false trade description commits an offence unless he proves that he acted without intent to defraud.
8. (1) The following provisions of this section shall have effect where in an advertisement a trade description is used in relation to any class of goods.
(2) The trade description shall be taken as referring to all goods of the class, whether or not in existence at the time the advertisement is published-
(a) for the purpose of determining whether an offence has been committed under section 7(1)(a)(i); and
(b) where goods of the class are supplied or offered to be supplied by a person publishing or displaying the advertisement, also for the purpose of determining whether an offence has been committed under section 7(1)(a)(ii).