XN000022-1981-03-31 — Page 3

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TUESDAY, MARCH 31, 1981

TRADE DESCRIPTIONS ORDINANCE EFFECTIVE TOMORROW

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THE TRADE DESCRIPTIONS ORDINANCE, WHICH WAS ENACTED ON DECEMBER 3, 1980, WILL BE IMPLEMENTED TOMORROW (WEDNESDAY).

THIS LEGISLATION, WHICH REPLACES THE MERCHANDISE MARKS ORDINANCE, CLOSELY FOLLOWS THE PROVISIONS OF THE UK TRADE DESCRIPTIONS ACT, 1969 AS IT APPLIES TO GOODS AND AFFORDS GREATER PROTECTION GENERALLY TO THE CONSUMER. THE PRINCIPAL OBJECTIVES OF THE ORDINANCE ARE

* TO REPLACE AND EXTEND PREVIOUS LEGISLATION

RELATING TO FALSE AND MISLEADING DESCRIPTIONS OF GOODS SUPPLIED IN THE COURSE OF TRADE AND TO PROVIDE SANCTIONS AGAINST MIS-STATEMENTS USED IN ADVERTISEMENT-

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TO CONFER POWER TO REQUIRE INFORMATION OR

INSTRUCTIONS RELATING TO GOODS TO BE MARKED ON OR TO ACCOMPANY THE GOODS-

TO RESTATE THE PREVIOUS LAW RELATING TO THE FORGERY OF TRADE MARKS AND THE APPLICATION OF FORGED TRADE MARKS TO GOODS- AND

TO FACILITATE ENFORCEMENT OF THE REQUIREMENTS OF THE LAW BY CONFERRING WIDER POWERS ON AUTHORISED OFFICERS APPOINTED UNDER THE ORDINANCE.

THE NEW LEGISLATION, WHICH HAS BEEN DRAFTED TO SUIT LOCAL CONDITIONS, CREATES OFFENCES TO COVER MIS-STATEMENTS IN TWO MAIN AREAS: THE FORGERY OF TRADE MARKS- AND THE APPLICATION OF FALSE TRADE DESCRIPTIONS.

THE AUTHORITY FOR ADMINISTERING AND ENFORCING THE LEGISLATION WILL REST SOLELY WITH THE DIRECTOR OF TRADE INDUSTRY AND CUSTOMS, WHO IS EMPOWERED TO AUTHORISE ANY PUBLIC OFFICER TO ENFORCE THE PROVISIONS OF THE LEGISLATION. TO THIS END, THE RESPONSIBILITY FOR ENFORCEMENT WILL FALL MAINLY ON THE TRADE INVESTIGATION BRANCH OF THE DEPARTMENT, WHICH HAS RECENTLY UNDERGONE A MAJOR RE-ORGANISATION IN ORDER TO TAKE ACCOUNT OF ADDITIONAL RESPONSIBILITIES EXPECTED TO AR ISE FOLLOWING THE IMPLEMENTATION OF THE ORDINANCE.

THE PENALTIES UNDER THE MERCHANDISE MARKS ORDINANCE HAVE BEEN INCREASED IN THE NEW TRADE DESCRIPTIONS ORDINANCE. THE MAXIMUM PENALTY FOR EACH OFFENCE HAS RISEN FROM $50 000 TO $100 000 ON CONVICTION IN A MAGISTRATES' COURT, AND TWO YEARS IMPRISONMENT. THE MAXIMUM PENALTY FOR EACH OFFENCE ON CONVICTION IN A DISTRICT COURT HAS RISEN FROM $100 000 TO $500 000 AND IMPRISONMENT FOR FIVE YEARS.

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