659878-1889-Bills-Supplementary-Appropriation-1888-Bills-Expenses-of-Criminal-Lunatics-Bills-Trade-Marks--Amendment-Bills-Naturalization-of-Leung-Shu-Bills-Police-Force-Consolidation--Amendment-Bills-Patents-Amendment- — Page 11

THE HONGKONG GOVERNMENT GAZETTE, 23RD NOVEMBER, 1889.

(c.) places, encloses, or annexes any goods which are sold, or exposed or had in possession for any purpose of sile, 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

(d.) 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 or described by that trade mark or mark or trade description.

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

A trade mark, or mark, or trade description, shall be deemed to be applied whether it is woven, impressed, or otherwise worked into, or annexed, or affixed to the goods, or to any covering, label, reel, or other thing.

(3.) A person shall be deemed to falsely apply to goods a trade mark or mark, who without the assent of the pro- prietor of a trade mark, applies such trade mark or a mark so nearly resembling it as to be calculated to deceive, but in any prosecution for falsely applying a trade mark or mark to goods the burden of proving the assent of the proprietor shall lie on the defendant.

6. Where a defendant is charged with making any die, block, machine, or other instrument for the purpose of forging, or being used for forging, a trade mark, or with falsely applying to goods any trade mark or any mark so nearly resembling a trade mark as to be calculated to deceive, . or with applying to goods any false trade description, or causing any of the things in this section mentioned to be done, and proves

(a.) that in the ordinary course of his business he is employed, on behalf of other persons, to make dies, blocks, machines, or other instruments for making, or being used in making, trade marks, or as the case may be to apply marks or descrip- tions to goods, and that in the case which is the subject of the charge he was so employed by some person resident in the Colony, and was not interested in the goods by way of profit or commission dependent on the sale of such goods; and

(b.) that he took 'reasonable precautions against com-

mitting the offence charged; and

(c.) that he had, at the time of the commission of the alleged offence, no reason to suspect the genuine- ness of the trade mark, mark, or trade descrip- tion; and

(d.) that he gave to the prosecutor all the information in his power with respect to the persons on whose behalf the trade inark, mark, or descrip- tion was applied,

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 defence.

7. 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 watch was made, and the watch bears no description of the country where it was made, those words or marks shall primâ facie be deemed to be a description of that country within the meaning of this Ordinance, and the provisions of this Ordinance with respect to goods to which a false trade description has been applied, and with respect to selling or exposing for or having in possession for sale, or any purpose of trade or manufacture, goods with a false trade description, shall apply accordingly, and for the pur- poses of this section the expression "watch" meaus all that portion of a watch which is not the watch case.

8. In any information, pleading, proceeding, or documcut, in which any trade mark or forged trade mark is intended to be mentioned, it shall be sufficient, without further description and without any copy or facsimile, to state that trade mark or forged trade mark to be a trade mark or forged trade mark.

9. In any prosecution for an offence against this Ordi- nance,-

Exemption of certain persous em-

ployed in ordinary

couree of business. (Ibid, s. 6.)

Application of Ordinance to watches. (Ibul, s. 7.)

Trade mark, how described in pleading. (15irl, s. 9.)

Rules as to evidence. (Ibid, s. 10.)

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