- (b) has in his possession for sale or for any purpose of trade or manufacture any goods to which a false trade description is applied,
commits an offence.
(2) A person exposing goods for supply or having goods in his possession for supply shall be deemed to offer to supply them.
(3) Subject to the provisions of this Ordinance any person who disposes of or has in his possession any die, block, machine, or other instrument for the purpose of making, or applying to goods a false trade description commits an offence unless he proves that he acted without intent to defraud.
Trade descriptions used in advertisements.
[cf. 1968 c. 29, s. 5.]
8. (1) The following provisions of this section shall have effect where in an advertisement a trade description is used in relation to any class of goods.
(2) The trade description shall be taken as referring to all goods of the class, whether or not in existence at the time the advertisement is published—
- (a) for the purpose of determining whether an offence has been committed under section 7(1)(a)(i); and
- (b) where goods of the class are supplied or offered to be supplied. by a person publishing or displaying the advertisement, also for the purpose of determining whether an offence has been committed under section 7(1)(a)(ii).
(3) In determining for the purposes of this section whether any goods are of a class to which a trade description used in an advertisement relates, regard shall be had not only to the form and content of the advertisement but also to the time, place, manner and frequency of its publication and all other matters making it likely or unlikely that a person to whom the goods are supplied would think of the goods as belonging to the class in relation to which the trade description is used in the advertisement.
Offences in respect of trade marks. 9. (1) Subject to the provisions of this Ordinance, any person who—
- (a) forges any trade mark;
- (b) falsely applies to any goods any trade mark or any mark so nearly resembling a trade mark as to be calculated to deceive;
- (c) makes any die, block, machine or other instrument for the purpose of forging, or of being used for forging, a trade, mark;
- (d) disposes of or has in his possession any die, block, machine or other instrument for the purpose of forging a trade mark; or
- (e) causes to be done anything referred to in paragraph (a), (b), (c) or (d),
commits an offence unless he proves that he acted without intent to defraud.
(2) Subject to the provisions of this Ordinance, any person who sells or exposes or has in his possession for sale or for any purpose of trade or manufacture, any goods to which any forged trade mark 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, commits an offence.
(3) For the purposes of this section, a person shall be deemed—
