CO129-164 - Sir Kennedy - 1873 [7-9] — Page 220

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Statement of Objects and Reasons.

This Bill has been prepared with the object of remedying the difficulty which is experienced in proving a Trade Mark and the exclusive right to its use, in legal proceedings instituted under "The Merchandize Marks Ordinance, 1863"

That Ordinance is an exact transcript of "The Merchandize Marks Act, (25 & 26 Vic., c. 88). In England, Proceedings under the Imperial Act, are not attended with difficulty, as the actual Prosecutors or Plaintiffs are on the spot to give evidence, whereas in Hongkong, Proceedings are always instituted by Agents on behalf of the persons interested in the Trade Mark who in all cases reside out of the Colony.

In Chancery Proceedings, the necessary evidence can be adduced by Affidavits obtained froin England, but in actions at Law and in Criminal Proceedings, Affidavits are not receivable in evidence. An old established Firm in this Colony are agents for the sale of an article of very large consumption, namely, "Hubbuck's Oil," and they failed in a prosecution not long since by reason of their inability to prove the Trade Mark.

There is no doubt that large quantities of spurious Liquors are sold in the Colony as Bass's and Allsopp's Ales, Hennessy's Brundy, and that other well-known Trade Marks are counterfeited. The Police not long since laid their hands upon a Chinese shop and seized implements for the fraudulent imitation of Trade Marks, and the manufacture of capsules for corks. The Offenders effected their escape, but no less than 1,248 dozen, and several casks of spurious Ale, bearing the Trade Marks of Bass & Co., and of Cameron & Saunders, were fortunately seized and destroyed.

J. PAUNCEFOTE,

Attorney General.