808
private trades
I have the honor to acknowledge the receipt of the ordinance which has been passed in the Straits Settlement which I have perused.
It seems to follow the Merchandise Marks Act of 1887 with such changes as were necessary, having regard to the sphere of its operations, but it is to my great surprise and regret that I see this Ordinance entirely leaves out the 16th Section of the Merchandise Marks Act of 1887 which it is not too much to say is by far the greatest security given to trades by the English Act.
If Your Lordship will look at Section 16 of the English Act, you will see that all goods offending against the Act are prohibited from importation, are liable to seizure and detention at the Customs and to forfeiture, the Customs being permitted to make such Regulations under the control of the Commissioners of His Majesty's Treasury as may be necessary in the circumstances.
The operation of this section, as Your Lordship may be aware, is this: -- The Customs have secured Regulations under which of their own motion they seize all goods of a public character, such as is one of the offences of fake indications of origin, and they have passed Regulations under which on a private mark holder registering a Mark with the Customs and complying with certain stipulations by way of indemnity to the Customs in case of improper seizure, goods bearing marks identical with his Mark or so nearly resembling the same as to be calculated to deceive, are seized while reference is made to him, and if the offence is established to the satisfaction of the Customs, the goods are dealt with as directed by the Act, that is to say, forfeited and either sold for the benefit of the Customs when the marks have been cut out or destroyed if the marks cannot be obliterated.
Now I am certain that under the provisions of the Ordinance of the Straits Settlement...