the-ordinances-of-the-legislative-counci-1890v2 — Page 710

1300 [ 15 OF 1890. ] MERCIANDISE MARKS .


Exemption of
certain
6. Where a defendant is charged with making any die, block,
persons machine, or other instrument for the purpose of forging, or
employed
ordinary
in being used for forging, a trade mark , or with falsely apply
course of
business.
ing to goods any trade mark or any mark so nearly resembling
[ Ibid . s. 6. ]
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 lie is
employed, on behalf of other persons, to make dies,
blocks, machines, or other instruments for makiny,
or being used in making, trade marks, or as the
case may be to apply marks or descriptions 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
( 6. ) That he took reasonable precautions against commit
ting 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 description ;
and

( d .) That he gave to the prosecutor all the inforination
in his power with respect to the persons on whose
behalf the trade mark , mark, or description 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.
Application 17. Where a watch case has thereon any words or marks
of ordinance which constitute, or are by common repute considered as con
[ Ibid.6. 7.) stituting, a description of the country in which the watch was
made and the watch bear's 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 theprovisions ofthis 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 tradeor manufacture , goods with a
false trade description, shall apply accordingly, and for the pur
poses of this section the expression “' watch means all that
portion of a watch which is not the watch case .