CO885-5 — Page 285

145

M

PUBLIC RECORD OFFICE

Reference :-

C.O. 885

5 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

Definition of forging trade mark. [Act, s. 5.]

Definition

of applying

morks and descriptions. [Act, passim.]

Evidence on charge of

forging or

falsely apply.

ing marks, [Bill, cl. 2.] [Act, e. 9.]

[Bill, cl. 5 (4).]

Evidence on charge of

selling

falsely

marked

goods.

[Bill, cl, 3,

6.]

Application

of Act to watches. [Bill, ci. 8.]

144

4. A person shall be deemed to forge a trade mark who either-

(.) without the assent of the proprietor makes that trade mark, or a mark so

nearly resembling that trade mark as to be calculated to deceive; or

(b.) falsifies any genuine trade mark, whether by alteration, addition, effacement, or

otherwise;

and any trade mark or mark so made or falsified is in this Act referred to as a forged trade mark.

5.—(1.) A person shall be deemed to apply a trade mark or mark or trade description to goods who-

(a.) applies it to the goods themselves; or

(applies it to any covering, labek, reel, or other thing in or with which the goods are sold or exposed for sale or kept for any purpose of sule, trade, or manufacture; or

(c) places, encloses, or annexes any goods which are sold or exposed for sale, or kept for any purpose of sale, trade, or manufacture, in, with, or to any covering, label, reel, or other thing to which a trade mark or trade description has been applied; or

(7.) uses a trade mark or mark or trade description in any manner calculated to lead to the belief that the goods in connexion with which it is used are designated by that trade mark or mark or trade description.

(2.) The expression "covering" includes any stopper, cask, bottle, vessel, box, cover, case, frame, or wrapper; and the expression label" includes any band or ticket.

6.-(1.) Where a defendant is charged with forging or falsely applying a trade mark, evidence that he has made, altered, or applied it without the assent of the proprietor shall be evidence that he acted with intent to defraud or to enable another

to defraud.

(2.) Where a defendant is charged with applying a false trade description-

(a.) evidence that any name, word, or expression charged as a false trade description

is generally used for indicating goods to be of some particular class or description of manufacture only shall be evidence that he acted without intent to defraud or to enable another to defraud; and

(b.) evidence that the trade description complained of is false in a material respect

shall be evidence of an intent to defraud or to enable another to defraud.

7. Where a defendant is charged with selling or exposing for sale, or for any purpose of trade or manufacture, goods or things to which a forged trade mark or false trade description has been applied, or to which a trade mark has been falsely applied, the following provisions shall, according to the nature of the charge, have

effect:

(1.) Evidence that the trade mark has been applied or used without the authority of the proprietor thereof, or that the trade description is false in a material respect shall be evidence of the defendant's guilty knowledge, but may be rebutted by evidence that the defendant obtained the goods in question bona fide, and had reasonable grounds for believing that the trade mark was genuine or that the trade description was true, as the case may be.

(2.) Where such evidence as aforesaid is given and the defendant proves-

(a) that he purchased the goods, in respect of which the offence is alleged to have been committed, with a written warranty of the genuineness of the trade mark or trade description, and had reasonable grounds for believing that warranty to be true, or

(b) that he came into possession of the goods as trustee, executor, or admini- strator, and otherwise than by purchase, and had no reason to suspect the genuineness of the trade mark or trade description; and

in either case,~~

(c) that he took reasonable precautions against committing the 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 the goods;

he shall be discharged from the prosecution, but shall be liable to pay the costs incurred by the prosecutor, unless he has given due notice to him that he will rely on the above defences, or one of them."

8. Where a watch case has thereon any words or marks which constitute, or are by common repute considered as constituting, a description of the country in which the works of the watch were made, those words or marks shall prima facie be deemed

to be a description of that country within the meaning of this Act, and the provisions

of this Act with respect to goods to which a false trade description has been applied, and with respect to selling or exposing for sale goods with a false trade description, shall apply accordingly.

watch cases

9. Whereas the marks placed upon watch cases by the assay offices in the United Provision as Kingdom have been frequently treated as indications of the British origin of the cases so marked, and also of the works contained therein, and for the purpose of preventing with indi- fraud in connexion with watches it is expedient to make further provision respecting cation of the marks to be placed on watch cases; be it therefore enacted as follows:

origin.

to marking

(1.) When a watch case imported into the United Kingdom is sent to an assay [Bill, cl. 9.1

office in the United Kingdom for the purpose of being assayed, stamped, or marked, the assay office shall place on the case such a mark differing from the mark placed by the office on a watch case made in the United Kingdom, and in such a mode, as may be from time to time directed by Order in Council. (2.) Every person who sends a watch case, whether imported or not, to any assay office in the United Kingdom shall make a declaration as to the country of origin of the works which according to the best of his information and belief the case is intended to contain; and, where such a declaration is made, the assay office shall mark on the case, in addition to any other mark, such words indicating the country of origin of the works and in such mode as may be from time to time directed by Order in Council.

(3.) Any person who makes any such declaration falsely shall be liable to punishment

for perjury.

**

(4.) In this section "country of origin' means the country where the works

are made.

10. In any indictment, pleading, proceeding, or document, in which any trade Trade mark, mark or forged trade mark is intended to be mentioned, it shall be sufficient, without how de- further description and without any copy or facsimile, to state that trade mark or scribed in

pleading. forged trade mark to be a trade mark or forged trade mark.

[Act, s. 10.] 11. In any prosecution for an offence against this Act, a defendant, and his wife Defendant or her husband, as the case may be, may, if the defendant thinks fit, be called as a may give witness, and, if called, shall be sworn and examined, and may be cross-examined and evidence, re-examined in like manner as any other witness.

[Bill, el. 11.]

of acces-

12. Any person who, being within the United Kingdom, procures, counsels, aids, Punishment abets, or is accessory to the commission, without the United Kingdom, of any act, sories. which, if committed in the United Kingdom, would under this Act be a misdemeanor, Bill, cl. 12.] shall be guilty of that misdemeanor as a principal, and be liable to be indicted, proceeded against, tried, and convicted in any county or place in the United Kingdom in which he may be, as if the misdemeanor had been there committed.

13. Where, upon informatiou of an offence against this Act, a justice has issued Search either a summons requiring the defendant charged by such information to appear warrant. to answer to the same, or a warrant for the arrest of such defendant, and either the [Bill, el. 13.] said justice on or after issuing the summons or warrant, or any other justice, is satisfied by information on oath that there is reasonable cause to suspect that any goods or things by means of or in relation to which such offence has been committed are in any house or premises of the defendant, or otherwise in his possession or under his control in any place, 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 the warrant, to enter such house, premises, or place at any reasonable time by day, and to search there for and seize and take away those goods or things; and any goods or things seized under any such warrant shall be brought before a court of summary jurisdiction for the purpose of its being determined whether the same arc or are not liable to forfeiture under this Act.

14. No prosecution for an offence against this Act shall be commenced after the Limitation expiration of three years next after the commission of the offence, or one year next of prosecu- after the first discovery thereof by the prosecutor.

[Act, s. 18.]

tion.

on importa-

15. Whereas it is expedient to make further provision for prohibiting the impor- Prohibition tation of goods which are liable to forfeiture; be it therefore enacted as follows:

(1.) All goods liable to forfeiture under this Act are hereby prohibited to be tion.

imported into the United Kingdom, and, subject to the provisions of this section, [Bill, cl. 14.] shall be included among goods prohibited to be imported as if they were specified in section forty-two of the Customs Consolidation Act, 1876.

A & 2

39 & 40 Vict.

c. 36.