MERCHANDISE MARKS.
No. 4 of 1890.
589
(1) All goods having on them any name or trade mark being, or being a colourable imitation of, the name or trade mark of any person in the United Kingdom, unless such name or trade mark is accompanied by a definite indication of the country in which the goods were made or produced are hereby prohibited to be imported into the Colony, and if any such goods are imported or brought into the Colony contrary to the prohibition herein contained, such goods shall be forfeited and may be destroyed or otherwise disposed of as the Superintendent of Imports and Exports may direct;
(2) before detaining any such goods, or taking any further proceedings with a view to the forfeiture thereof under this Ordinance, the Superintendent of Imports and Exports may require the regulations under this section, whether as to information, security, conditions, or other matters, to be complied with, and may satisfy himself in accordance with those regulations that the goods are such as are prohibited by this section to be imported;
(3) the Governor-in-Council may make regulations, either general or special, respecting the detention and forfeiture of goods the importation of which is prohibited by this section, and the conditions, if any, to be fulfilled before such detention and forfeiture, and may by such regulations determine the information, notices, and security to be given, and the evidence requisite for any of the purposes of this section, and the mode of verification of such evidence;
(4) where there is on any goods a name which is identical with, or a colourable imitation of the name of a place in the United Kingdom, that name, unless accompanied by the name of the country in which such place is situate, shall be treated for the purposes of this section as if it were the name of a place in the United Kingdom;
(5) the regulations may apply to all goods the importation of which is prohibited by this section, or different regulations may be made respecting different classes of such goods or of offences in relation to such goods;
(6) the regulations may provide for the informant reimbursing the Superintendent of Imports and Exports all expenses and damages incurred in respect of any detention made on his information, and any proceedings consequent on such detention.
15. On the sale or in the contract for the sale of any goods to which a trade mark, or mark, or trade description has been applied, the vendor shall be deemed to warrant that the mark is a genuine trade mark and not forged or falsely applied, or that the trade description is not false or misleading.
[50 & 51 Vict. c. 28 s. 17.]
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MERCHANDISE MARKS.
No. 4 of 1890.
589
Kingdom, unless such name or trade mark is accompanied by a definite indication of the country in which the goods were made or produced are hereby prohibited to be imported into the Colony, and if any such goods are imported or brought into the Colony contrary to the prohibition herein contained, such goods shall be forfeiter and may be destroyed or otherwise disposed of as the Superinten- dent of Imports and Exports may direct;
(2) before detaining any such goods, or taking any further proceedings with a view to the forfeiture thereof under this Ordi- nance, the Superintendent of Imports and Exports may require the regulations under this section, whether as to information, security, conditions, or other matters, to be complied with, and may satisfy himself in accordance with those regulations that the goods are such as are prohibited by this section to be imported;
(3) the Governor-in-Council may make regulations, either general or special, respecting the detention and forfeiture of goods the im- portation of which is prohibited by this section, and the conditions, if any, to be fulfilled before such detention and forfeiture, and may by such regulations determine the information, notices, and security to be given, and the evidence requisite for any of the purposes of this section, and the mode of verification of such evidence;
(4) where there is on any goods a name which is identical with. or a colourable imitation of the name of a place in the United Kingdom, that name, unless accompanied by the name of the country in which such place is situate, shall be treated for the pur- poses of this section as if it were the name of a place in the United Kingdom;
(5) the regulations may apply to all goods the importation of which is prohibited by this section, or different regulations may be made respecting different classes of such goods or of offences in relation to such goods;
(6) the regulations may provide for the informant reimbursing the Superintendent of Imports and Exports all expenses and damages incurred in respect of any detention made on his informa- tion, and any proceedings consequent on such detention.
warranty on
15. On the sale or in the contract for the sale of any goods Implied to which a trade mark, or mark, or trade description has been sale of applied, the vendor shall be deemed to warrant that the mark is a genuine trade mark and not forged or falsely applied, or that the
marked goods.
[50 & 51 Vict. č. 28 s. 17.]
1
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