556
[s.3 contd.]
No. 4 of 1890.
MERCHANDISE MARKS
(c) makes any die, block, machine, or other instrument for the purpose of forging, or of being used for forging, a trade mark; or
(d) applies any false trade description to goods; or
(e) disposes of or has in his possession any die, block, machine, or other instrument for the purpose of forging a trade mark; or
(f) causes any of the things above in this section mentioned to be done,
shall, subject to the provisions of this Ordinance and unless he proves that he acted without intent to defraud, be guilty of an offence.
(2) Every person, who sells, or exposes for, or has in his possession for, sale or any purpose of trade or manufacture, any goods or things to which any forged trade mark or false trade description is applied, or to which any trade mark or mark so nearly resembling a trade mark as to be calculated to deceive is falsely applied, as the case may be, shall, unless he proves—
(a) that, having taken all reasonable precautions against committing an offence against this Ordinance, he had, at the time of the commission of the alleged offence, no reason to suspect the genuineness of the trade mark, mark, or trade description; and
(b) that, on demand made by or on behalf of the prosecutor, he gave all the information in his power with respect to the persons from whom he obtained such goods or things; or
(c) that otherwise he had acted innocently, be guilty of an offence.
(3) Every person who is guilty of an offence against this Ordinance shall be liable,—
(a) on conviction before the Supreme Court, to imprisonment for any term not exceeding two years, and to a fine not exceeding two thousand dollars; and,
(b) on summary conviction, to imprisonment for any term not exceeding four months, or to a fine not exceeding one hundred dollars, and, in the case of a second or subsequent conviction, to imprisonment for any term not exceeding six months, or to a fine not exceeding two hundred and fifty dollars; and,
(4) ... person article or ma
(5) before trate his ris and, i be so
4. £ either—
(1) makes trade r
(2) 1 additic and an Ordina in any proving
5.— or marl
(a) a (b) a or with possess: (c) p or exp trade, reel, or has bee
(d) u manner connexi by that:
556
[s.3 contd.]
No. 4 of 1890.
MERCHANDISE MARKS.
(c) makes any die, block, machine, or other instrument for the purpose of forging, or of being used for forging, a trade mark; or
(d) applies any false trade description to goods; or
(e) disposes of or has in his possession any die, block, machine, or other instrument for the purpose of forging a trade mark; or
(f) causes any of the things above in this section mention- ed to be done,
shall, subject to the provisions of this Ordinance and unless he proves that he acted without intent to defraud, be guilty of an offence.
(2) Every person, who sells, or exposes for, or has in his possession for, sale or any purpose of trade or manufacture, any goods or things to which any forged trade mark or false träde description is applied, or to which any trade mark or mark so nearly resembling a trade mark as to be calculated to deceive is falsely applied, as the case may be, shall, unless he proves-
(a) that, having taken all reasonable precautions against committing an offence against this Ordinance, he had, at the time of the commission of the alleged offence, no reason to suspect the genuineness of the trade mark, mark, or trade description; and
(b) that, on demand made by or on behalf of the prosecutor, he gave all the information in his power with respect to the persons from whom he obtained such goods or things; or
(c) that otherwise he had acted innocently, be guilty of an offence.
(3) Every person who is guilty of an offence against this Ordinance shall be liable,-
(a) on conviction before the Supreme Court, to imprison- ment for any term not exceeding two years, and to a fine not exceeding two thousand dollars; and,
(b) on summary conviction, to imprisonment for any term not exceeding four months, or to a fine not exceeding one hundred dollars, and, in the case of a second or subsequent conviction, to imprisonment for any term not exceeding six months, or to a fine not exceeding two hundred and fifty dollars; and,
.
or th been
(4)
person article or ma
(5)
before trate
his ris and, i be so
4. £
either-
(1) makes trade r
(2) 1
additic and an Ordina in any proving
5.-
or marl
(a) a (b) a or with possess: (c) p
or exp trade, reel, or has bee
(d) u
manner
connexi
by that:
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