Offenced in respecs of trade description.
[c/. 196$ &. I. M. 1.]
Trude descrip Mods wind Jo advertiumcats.
Jej. 1968 a 29, 1. 4.)
QBcaces ta Tespect of trade marks...
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(3) Where goods are supplied in pursuance of a request in which a trade description or trade mark or mark is used and the circumstaneca are such as to make it reasonable to infer that the goods are supplied as goods corresponding to that trade description or trade mark of 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
(i) 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 posses- sion 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, of applying to good, a false trade description commits ab offence unless he proves that he acted without intent to defraud.
(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)(0)); 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 sa offence has been committed under section 7(1X-Xii).
(3) In determining for the purposes of this section whether any goods are of a class to which a trade description used in an advertisement relates, regard shall be had not only to the form and content of the advertisement but also to the time, place, manser and frequency of its publication and all other matters making it likely or unlikely that a person to whom the goods are supplied would think of the goods as belonging to the class in relation to which the trade description is used in the advertisement.
9. (1) Subject to the provisions of this Ordinance, any person who- (a) forges any trade mark:
(b) falsely applica to any goods any trade mark or any mark so nearly resembling a trade mark as to be calculated to deceive:
(c) makes any die, block, machine or other instrument for the purpose
of forging, or of being used for forging, a trade mark; (d) disposes of or has in his possession any die, block, machine or other instrumeat for the purpose of forging a trade mark; or
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(e) causes to be done anything referred to in paragraph (a), (b), (c)
or (d).
comouts an offence unless he proves that be acted without intent to defraud.
(2) Subject to the provisions of this Ordinance, any person who sells or exposes or has in his possession for sale or for any purpose of trade or manufacture, any goods to which any forged trade mark is applied. or to which any trade mark or mark so nearly resembling a trade mark ay to be calculated to deceive is falsely applied, commits an offence.
(3) For the purposes of this section, a person shall be deemed— (a) to forge a trade mark who either-
O without the assent of the proprietor of the trade mark. makes that trade mark or a mark so nearly resembling that trade mark as to be calculated to deceive; or
() falsifes any genuine trade mark, whether by alteration, addition, effacement or otherwise;
(b) falsely to apply to goods a trade mark who without the assent of the proprietor of that trade mark applies that trade mark to good,
unless he proves that he acted without infringing the right of the pro- prietor of the trade mark conferred by section 27 of the Trade Märks Ordinance, and “forged trade mark" shall be construed accordingly.
(4) In any prosecution for an offence under subsection (1)a) or (b) the burden of proving the assent of the proprietor shall lie on the defendant.
Rogad approval
10. (1) Subject to the provisions of this Ordinance, any person who, fue represen- in the course of any trade or business, gives, by whatever means, any false tony is indication, direct or indirect, that any goods supplied by him are or are or award, etc. of a kind supplied to or approved by Her Majesty or ady member of the let. 1963 c. 29, Royal Family commits an offence.
(2) Subject to the provisions of this Ordinance, any person who, in the course of any trade or business, Use8–
(a) without the authority of Her Majesty, any device or emblem signifying the Queen's Award to Industry or anything so nearly resembling such a device or emblem as to be likely to deceive; or (b) without the authority of the Governor, any device or emblem signifying the Governor's Award for Hong Kong Design pr anything so nearly resembling such a device or emblem as to be likely to deceive,
commits an offcuts,
II. Subject to the provisions of this Ordinance, any person who, in the course of any trade or business, gives, by whatever means, any false indication, direct or indirect, that any goods supplied by him are of a kind supplied to any person, commits an offence.
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8. 13.1
12, (1) Subject to section 13, no person shall import or export any Prohibited goods to which a false trade description or forged trade mark, which Import and expression shall be construed in accordance with section 9(3), is applied.
(2) Any person who imports or exports any goods contrary to sub- section (1) commits an offence unless he proves that-
(a) he did not know, had no reason to suspect and could not with reasonable diligence have found out that the goods are goods to which a false Trade description or forged trade mark is applied;
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contain pood.