808
private trades
I have the honor to acknowledge the receipt of the ordinance which has been passed in the Straits Settlement which I have perused.
It seems to follow the Merchandise Marks Act of 1887 with such changes as were necessary, having regard to the sphere of its operations, but it is to my great surprise and regret that I see this Ordinance entirely leaves out the 16th Section of the Merchandise Marks Act of 1887 which it is not too much to say is by far the greatest security given to trades by the English Act.
If Your Lordship will look at Section 16 of the English Act, you will see that all goods offending against the Act are prohibited from importation, are liable to seizure and detention at the Customs and to forfeiture, the Customs being permitted to make such Regulations under the control of the Commissioners of His Majesty's Treasury as may be necessary in the circumstances.
The operation of this section, as Your Lordship may be aware, is this: -- The Customs have secured Regulations under which of their own motion they seize all goods of a public character, such as is one of the offences of fake indications of origin, and they have passed Regulations under which on a private mark holder registering a Mark with the Customs and complying with certain stipulations by way of indemnity to the Customs in case of improper seizure, goods bearing marks identical with his Mark or so nearly resembling the same as to be calculated to deceive, are seized while reference is made to him, and if the offence is established to the satisfaction of the Customs, the goods are dealt with as directed by the Act, that is to say, forfeited and either sold for the benefit of the Customs when the marks have been cut out or destroyed if the marks cannot be obliterated.
Now I am certain that under the provisions of the Ordinance of the Straits Settlement...
808
private trades
I have the honor to acknowledge the receps of the ordinance which has been passed in the ., Shant Settlement which I han perused.
It seems to follow, the Merchandise Marks
4 of 18879
Act
Such
1887 m2
many change
with
as were
of its particulars with s
necessary, having regard to the sphere of it operations but it is
great surprise and regret that I see this
enterety
leaves out the 16th Lection of the Merchandise Marks Act of 1887 which it is not too much to say is by far the greatat
Ordmance
Security given
to trades
by
the
English Act
16
of
of Your Lordship will look at Section the English Act you
you will sue that all goods offending agamet the At are probibited from importation, are hable to secure and detentor at the Customs and to forfecture, the Custom being permitted to make such Regulations under the control of the Commissioness of His Majesty's Treasing as may
Necessary
the circumstances.
be
The operation of this section as
under
you
Lordship
may
be
aware is this: --
The Customs secured Regulations under which
deir
they of
de offence
own motion seize all goods
in which
of a public character, such as
is one of
the apprction of fake indications of origin
and
have passed Regulations
his
they
Regulations under which on a private mark holder
registering Mark with the Custoins and complying
ha
with
certam stipulations by way of indemnity to the Customs in case of improper segures, com have
goods bearing marks identical with his Mark or so nearly resembling the same as to be calculated to deceive, seized while reference on such reference is made to hiiv, and of
are
offence
is established to the satisfaction
of the Customs the goods are dealt with
say.
forfeited as directed by the Act, that is to and either sold for the benept of the Customs when the tracks have been cut out or dechoed if the Marke carnot be obliterated
Now if scertami that under the provisions of the Ordmance of the Strait Settlement
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