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PUBLIC

RECORD OFFICE

C.O.

Reference :-

8855 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH—NOT TO

False trade

140

(4) Uses a trade mark, or a mark resembling a trade mark, in any manner calcu- lated to lead to the belief that the goods in connexion with which such trade mark or mark is used are designated by such trade mark.

A person shall be deemed to wrongfully apply a mark or trade mark to goods who, without the assent of the proprietor of such trade mark, applies such mark or trade mark to any goods sold or exposed for sale or intended for any purpose of trade or manufacture, and in any proceeding the burden of proving such assent shall die on the defendant.

4. Every person who applies any false trade description to any goods shail, unless description. he proves that he acted innocently and without intent to defrand, be liable on summary conviction to imprisonment with or without hard labour for a term not exceeding four months, or to a fine not exceeding twenty pounds, and shall also be liable to forfeit all goods and things in his possession in relation to which an offence under this section has been committed.

Selling

goods with

false trade marks or false trade

lescription.

P'unishment of acces- -rics.

Defendant nay give :vidence.

Search

arrant and oods liable

zizure of

A person shall be deemed to apply a trade description to goods who uses such description in connexion with goods in any such manner that, if such trade description were a trade mark, he would under the provisions of this Act be deemed to apply it to goods.

For the purposes of this Act the expression "false trade description" means any false description, statement, or other indication applied to goods.

(a.) As to the number, quantity, measure, or weight of such goods, or

(b.) As to the place or country in which such goods were made or produced, or

() As to the mode of manufacturing or producing such goods, or as to the

material of which they are composed, or

(d.) As to such goods being the subject of any existing patent, privilege, or

copyright.

It shall not be an offence against this Act to apply to any goods any name, word, or expression generally used for indicating such goods to be of some particular class or description of manufacture only; and evidence of such general use of a name, word, or expression shall be evidence that the person charged with an offence under this section acted innocently and without intent to defraud.

5. Every person who sells or exposes, or has in his possession for sale or for any purpose of trade or manufacture, any goods or things to which any forged trade mark has been applied, or any trade mark or mark so nearly resembling the same as to be calculated to deceive, has been wrongfully applied, or any false trade description has been applied, shall, unless he proves that he acted innocently and without intent to defraud, be liable on summary conviction to imprisonment, with or without hard labour, for a term not exceeding one month, or to a fine not exceeding ten pounds, and to forfeit all goods or things in his possession in relation to which an offence under this section has been committed.

Where a defendant charged with an offence under this section proves that he took reasonable precautions against committing such offence, and that he has given to the prosecution all information in his power with respect to the persons from whom he purchased or obtained such goods, such proof shall be evidence that such person acted innocently and without intent to defraud.

Where it is proved that on application made, the defendant refused or failed to give all such information and assistance as above mentioned, such proof shall be evidence that the defendant did not act innocently and without intent to defraud.

of

6. Any person who within or (being a subject of Her Majesty) without Her Majesty's dominions procures, counsels, aids, abets, or is accessory to the commission any offence under this Act, or of any act which, if committed in the United Kingdom, would be an offence against this Act, shall be guilty of such offence, and be liable to be tried and punished as if he had been guilty as a principal of such offence in the United Kingdom.

7. In any prosecution of a person for an offence against this Act, such person and his wife or her husband, as the case may be, may, if such person thinks fit, be called as a witness, and, if called, shall be sworn and examined, and may be cross-examined and re-examined in like manner as any other witness.

8.-(1.) When any justice of the peace is satisfied by evidence on oath, that there is reasonable cause to suspect that there are at some place within the jurisdiction of such justice, any goods or things liable to forfeiture under this Act or intended for use

> forfeiture. in committing an offence against this Act, such justice may issue a warrant under his hand, by virtue of which it shall be lawful for any constable named or referred to in

>

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the warrant to enter such place at any reasonable time by day, and to search the same for such goods.

(2.) Any person who by himself or others fails to admit into any place occupied by or under the control of such person, any constable demanding to enter in pursuance of this section, or in any way obstructs such constable in the execution of his duty under this section, shall be liable on summary conviction, to the same punishment as if he had been guilty of the offence of having in his possession goods or things liable to forfeiture under this Act.

(3.) Where a constable has reasonable cause to believe that any goods or things found by him, whether upon such search as aforesaid, or otherwise, are liable to be forfeited under this Act, he may seize and detain the same until some court of summary jurisdiction has determined whether the same are or are not so liable to be forfeited, and the proceedings for such determination shall be commenced as soon as practicable after the seizure."

(4.) Any information or complaint may be laid against the owner of or other person interested in such goods or things for the purpose- only of enforcing such forfeiture, and if the owner of any such goods or things is unknown or cannot be found, a court of summary jurisdiction may cause notice to be advertised stating that, unless cause is shown to the contrary at the time and place named in the notice, such goods or things will be forfeited, and at such time and place the court, unless the owner or any person on his behalf shows cause to the contrary, may order such goods or things or any of them to be forfeited.

Any goods or things forfeited under this section or under any other provision of this Act may be destroyed or otherwise disposed of in such manner as the court by which the same are forfeited may direct.

9.-(1.) All goods or things dealt with in such a manner as would make them, if so -Prohibition dealt with in the United Kingdom, liable to forfeiture under this Act, shall be included of importa- among goods prohibited to be imported as if they were specified in section forty-two of the Customs Consolidation Act, 1876.

(2.) The right of a person to any trade mark shall for the purposes of this section be evidenced in such manner and upon such conditions as the Commissioners of Customs acting under the direction of the Commissioners of Her Majesty's Treasury may from time to time direct.

tion.

10. Any offence uuder this Act for which a person is liable to punishment on Legal pro- summary conviction may be prosecuted and any articles liable to be forfeited under ceilings. this Act by a court of summary jurisdiction may be forfeited in manner provided by the Summary Jurisdiction (England) Acts.

42 & 43 Vict.

If any person feels aggrieved by any conviction made by a court of summary juris- e. 19. diction in determining any complaint or information under this Act by which order or conviction the sum adjudged to be paid including costs and including the value of the goods forfeited exceeds twenty pounds, such person shall have the same right of appeal therefrom as if he had been adjudged by such court to be imprisoned without the option of a fine.

11.-(1.) This Act shall not exempt any person from any action, suit, or other Savings. proceeding which might, but for the provisions of this Act, be brought against him.

(2.) Nothing in this Act shall entitle any person to refuse to make a complete discovery, or to answer any question or interrogatory in any action, but such discovery or answer shall not be admissible in evidence against such person in any prosecution for an offence against this Act.

cutlers of

12. Nothing in this Act shall be construed to affect the rights and privileges of the Saving of Corporation of Cutlers of the liberty of Hallamshire in the county of York, or to affect rights of any of the provisions of the Act of the fifty-ninth year of George the Third, chapter Hallamshire. seven, intituled

"An Act to regulate the Cutlery Trade in England." 13.--(1.) In this Act, unless the context otherwise requires- The expression " person "includes any body of persons corporate or incorporate, tion of terms.

and whether subjects of Her Majesty or not, and whether resident or carrying on business within Her Majesty's dominions or elsewhere:

The expression "goods" means anything which is the subject of trade, manufacture,

or merchandise:

The expression "merchandise," with reference to a person, means the merchandise, manufacture, production, or workmanship of such person, or any goods or thing of any peculiar or particular description made or sold by such person.

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Interpreta-