(d) by the addition after the definition "person" of the
following new definition-
"possession"
includes physical and
possession; ";
(d) in the definition of "trade description"
constructive
(i) in paragraph (b) by the insertion after the word
"produced" of the following-
"or printed or published";
(ii) in paragraph (e) by the deletion of the comma after the word "copyright" and the substitution therefor of the following-
**; or'':
(iii) by the insertion after paragraph (e) of the following
new paragraphis -
* as to the standard of quality or the filness for purpose of any goods, according to a classification commonly used or recognized in the trade; or
(g) as to the strength, performance or behaviour
of any goods, "* ;
(e) in the definition "trade mark” by-
(i) the deletion of the figures "1905" and the substitu-
tion therefor of the following-
"*1938"; and
(ii) the deletion of the words and figures "section 1 and the proviso to subsection (1) of section 98 of the Patents and Designs Act, 1907" and the substitu- tion therefor of the following-
"section gr of the Patents and Designs Act, 1907, and section 106 of the Patents Act, 1949";
(by the addition after subsection (3) of the following new
subsection-
"(4) Without prejudice to the generality of the definitions "false trade description" and "trade description", a trade description (to whichever of the malters mentioned in the definition "trade description" it relates) shall be deemed to be a false
trade description if it is calculated to be misunder- stood as, or mistaken for, an indication as to the same or some other such matter which would be false or misleading in a material respect as regards the goods to which the description is applied, and anything calculated to be misunderstood as, or mis- taken for, an indication of any of those matters shall be deemed for those purposes to be a trade descrip- tion.".
3. Section 3 of the principal Ordinance is amended-
(a) in paragraph (e) of subsection (1) by~
(i) the substitution of a comma for the semi-colon after
the words "trade mark"; and
(ii) the insertion after the word "or" at the end thereof
of the following-
"for the purpose of making, or applying to goods, a false trade description; or";
(b) by the deletion of subsection (a) and the substitution
therefor of the following-
"(a) Any person who sells, or exposes 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 be guilty of an offence, unless he proves either-
(a) that, having taken all reasonable precau- tions 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 that, on demand made by or on behalf of the prosecutor, he gave all the information in his power with respect to the person from whom he obtained such goods or things; or (b) that otherwise he had acted innocently.";
Amendment of section 3.