CO885-5 — Page 287

CELTI

PUBLIC RECORD OFFICE

Reference :-

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

C.O. 885/5 PUBLIC RECORD OFFICE, LONDON

Amendment

of 25 & 26

Hth

Vict. c. 88. Rs. 2, 3,

as respects intent to defraud.

Amendment of 25 & 26

Vict. c. 88.

6-4, as to guilty

knowledge.

Meaning of registered trade mark. 46 & 47 Vict. c. 57.

Amend- ment of

148

2. Where a defendant is charged with an offence under section two or section three of the principal Act, and the trade mark in respect of which he is charged is a registered trade mark, evidence that he committed the act complained of without the authority of the proprietor of the trade mark shall be evidence that he acted with intent to defraud or to enable another to defraud within the meaning of the said section two or section three, as the case may be.

3.-1.) Where a defendant is charged with an offence under section four of the principal Act, and such facts are proved as would, if the guilty knowledge mentioned in that section were proved, constituto the offence charged; then evidence-

(a) that the trade mark in respect of which the offence is alleged to have been

committed is a registered trade mark; and

(b) that such trade mark has been applied or used without the authority of the

proprietor thereof—

shall be evidence of the defendant's guilty knowledge, but may be rebutted by evidence that the defendant obtained the goods in question bonâ fide, and had reason- able grounds for believing that the trade mark was genuine.

(2.) Where a defendant is charged with an offence under section four of the prin cipal Act, and such evidence of the defendant's guilty knowledge as above mentioned 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, 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 administrator, and otherwise than by purchase, and had no reason to suspect the genuineness of the trade mark; and

in either case,—

(c) if any demand was duly made under section six of the principal Act, that, on such demand, he gave the information by that section required, and in the manner and within the time therein specified;

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 dofences, or one of them.

"1

means a

4. For the purposes of this Act the expression "registered trade mark' trade mark registered in the register of trade marks kept under the Patents, Designs. and Trade Marks Act, 1883, and includes any trade mark which either with or without registration is protected by law in any British possession or foreign State to which the provisions of the one hundred and third section of the Patents, Designs, and Trade Marks Act, 1883, are, under Order in Council, for the time being applicable.

5.-(1.) Any person who with intent to defraud, or to enable another to defraud, places, encloses, or annexes goods in, with, or to any covering, reel, label, ticket, or 25 & 26 Vict. other thing to which a false description in respect of the goods has been applied shall

be guilty of an offence against this Act.

c. 88. 8. 7, as to false

descriptions.

Amend- ment of

25 & 26 Vict. as to selling goods with false de- scriptions.

c. 88, s. 8,

(2.) For the purposes of this section, "covering "includes any cask, bottle, stopper, vessel, case, cover, wrapper, band, frame, or other thing together with or in which an article is intended to be sold or uttered or exposed for sale, or for any purpose of trade or manufacture.

(3.) The putting of a false description, statement, or other indication mentioned in section seven of the principal Act shall include every alteration of any description, statement, or indication whether by way of addition, effacement, or otherwise, where that alteration makes the description, statement, or indication false.

(4.) Where a defendant is charged with an offence under section seven of the principal Act, as amended by this Act, evidence that the description, statement, or other indication complained of is false in a material respect shall be evidence of an intent to defraud or to enable another to defraud within the meaning of that section as so amended.

6.-(1.). Where a defendant is charged with an offence under section eight of the principal Act, as amended by this Act, and such facts are proved as would, if the guilty knowledge mentioned in that section were also proved, constitute the offence charged, then evidence that the description, statement, or other indication complained of 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

149

bona fide, and had reasonable grounds for believing that the description, statoment, or other indication was not false.

(2.) Where a defendant is charged with an offence undor section eight of the principal Act as amended by this Act, and proves-

(.) that he purchased the goods in respect of which the offence is alleged to have been committed, with a written warranty of the truth of the description, state- ment, or other indication complained of, and had reasonable grounds for believing that warranty to be true; or

(b) that he came into possession of the goods in question as trustee, executor, or administrator, and otherwise than by purchase, and had no reason to doubt the truth of that description, statement, or other indication; and

in either case,

(c.) if any demand was duly made under section six of the principal Act, that, on

such demand he gave the information by that section required, and in the manner and within the time therein specified,

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.

Amendment

7. Sections seven and eight of the principal Act as amended by this Act shall apply of 25 & 26 to any false description, statement, or other indication of or respecting the mode of Vict. c. 88. manufacture, or the material, of a chattel or article, in like manner as those sections 7, 8, as to apply to a false description, statement, or other indication of or respecting the number, tions of quantity, measure, or weight of a chattel or article.

false descrip.

quality or manufacture.

8. Where a watch case has thereon any words or marks which constitute, or are by Application common repute considered as constituting, a description of the country in which the of Act to works of the watch were made, those words or marks shall prima facie be deemed to watches, be a description of that country within the meaning of the principal Act and this Act, and the provisions of the principal Act and this Act with respect to goods with a covering to which a false description relating to the goods has been applied, and with respect to selling or exposing for sale goods with a false 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-

to marking 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. (1.) When a watch case imported into the United Kingdom is sent to an assay 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 punish-

ment for perjury.

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

made.

10.—(1.) Every offence under the principal Act or this Act shall be a misdemeanor, and every person guilty thereof shall be liable,

(a.) on conviction on indictment, to imprisonment, with or without hard labour, for a term not exceeding two years, or to fine, or to both imprisonment and fine;

and

(b.) 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 in the case of a second or subsequent conviction, to imprisonment with or without hard labour for a term not exceeding six months, or to a fine not exceeding fifty pounds; and

A & 4

Amendment of procdure.