§ Amendments reported (according to Order).
§ Clause 1:
§ Power to require indication of origin where make-up gives false impression.
§ (2) Where the Board propose to take into consideration the question of making an order under this section, they shall publish notice of their intention in the Gazette and in such other manner as they think desirable, and shall not proceed to make the order until the expiration of at least three months from the date of the publication of the notice, and shall afford to all persons appearing to them to be interested in or 621 likely to be affected by the proposed order an opportunity of making representations with respect thereto, and if they so desire of being heard by the Board.
§ (4) An order under this section may provide for exempting from the operation of the order any goods imported into the United Kingdom for exportation after transit through the United Kingdom or by way of trans-shipment, or ally other special class or description of goods, and in any case either absolutely or subject to such conditions as may be specified in the order.
§ LORD GORELL moved, in subsection (2), to leave out "shall not proceed to make the Order until the expiration of at least three months," and to insert "may make the Order at any time after the expiration of two months but not later than six." The noble Lord said: This Amendment has been put down to meet a promise which I gave to the noble Lord, Lord Askwith, on the Committee stage that I would reconsider the point which he had raised. He had an Amendment upon the Paper calling attention to the fact that under the present wording of the Bill no time had been fixed during which it was necessary to make an Order, and that no Order could be made for at least three months. I promised to consider the point, and I have put down an Amendment which will meet the noble Lord's point of view. I do not see him present, but the point of the Amendment is that we have cut down the time within which the Order can be made from three months to two, and laid it down that, at any rate, it should be not later than six months. That goes a very long way to meet the point.
§
Amendment moved—
Page 2, lines 1 and 2, leave out from ("and") in line 1 to ("months") in line 2, and insert ("may make the order at any time after the expiration of two months but not later than six").—(Lord Gorell.)
§ LORD STUART OF WORTLEY moved, in subsection (1), to leave out "for exportation after transit through the United Kingdom or." The noble Lord said: I put down this Amendment in order to see what reason the Government have for putting in the words which I propose to omit. The purpose with which we passed Clause 1(4) was to provide that, in the case of certain goods, where necessity was proved, and where a deceptive appearance 622 might be produced, there should he a compulsory requisition of a distinct indication of the origin of the goods. Then comes a subsection which proposes to grant exemption from this provision, in the case obviously of goods intended for trans-shipment. It must be clear to your Lordships that the more words conditioning the exemption you put in the smaller is the number of persons to whom you grant exemption, and here we have words in the clause which, if they remain in, will limit the exemption to goods which have been brought into the United Kingdom for the purpose of exportation. And, in fact, the only goods that will enjoy the exemption mill be the goods that are brought into the United Kingdom.
§ My Amendment proposes to strike out those words, because it may very well be that certain goods will come hero for the purpose of re-exportation by the simple process of trans-shipment, and I do not want it to become practically compulsory on the owners of goods, in order to get the benefit of the exemption, if they want the benefit of the exemption, to bring their goods into the United Kingdom. What those who have asked me to move this Amendment are afraid of is that, if you once get the goods into the United Kingdom for the pretended purpose of re-exportation, they may never leave the United Kingdom at all; they may get in freed from the requirement of a specific mark of origin, and then be used for the bad purposes, to prevent which this Bill is really introduced.
§
Amendment moved—
Page 2, lines 19 and 20, leave out ("for exportation after transit through the United Kingdom or").—(Lord Stuart of Wortley.)
LORD GORELLThese words are in to give effect to the recommendation of the Committee under paragraph 7 (6), where they definitely recommended that there should be exemption for particular classes of goods—namely, goods in transit—either absolutely or subject to such conditions as may be called for in the public interest. I think that the noble Lord who moved the Amendment is under some misapprehension with regard to the effect of these words. They will not, as he suggested, enable goods passed as in transit by the Customs to come back unmarked. The words have nothing to do with the re-export trade, as is commonly understood. They do not apply to goods imported and then put into stock in the United 623 Kingdom and re-exported. There has been some misapprehension in the past, I believe, with regard to these words. But I understood that, after various discussions, those to whom they appeared objectionable had withdrawn their objection. They are words in common form which occur in a number of Acts in Parliament, and they apply only to goods which are transshipped under bond or are entered in transit on through bills of lading. I hope this explanation is sufficient to remove the fears under which the noble Lord laboured.
§ LORD STUART OF WORTLEYThe intentions of the Departmental Committee may have been of the best, but I doubt whether these words give effect to them. Of course, I cannot argue against the noble Lord's advisers, and I beg leave, therefore, to withdraw the Amendment.
§ Amendment, by leave, withdrawn.
§
THE EARL OF SELBORNE moved, after Clause 2, to insert the following new clause—
. The provisions of the Sale of Food Order, 1921, relating to the labelling of imported meat and eggs, which are set out with modifications in the First Schedule to this Act shall, as from the date on which the said Order expires, have effect as though they were enacted in this Act.
The noble Earl said: I submit this Amendment, together with the consequential Amendments, on its own merits at the request of the National Farmers' Union. At the present moment there is an Order in existence, which I have in my hand, providing that all imported wheat, when exposed for sale, should be labelled as such with a statement of the country of origin. There is also a provision in this Bill which would enable a similar Order to be made in the future, but the existing Order expires automatically at the end of August, and it would not be possible for a new Order to be made to come into operation at that time. There might, in fact, be a hiatus between the two Orders of three months. The provision I ask leave to insert is to bridge over that interval, and to carry on under this Bill the existing Order.
§
Amendment moved—
After Clause 6 insert the said new clause.—(The Earl of Selborne.)
LORD GORELLI am not so positive that the insertion of this clause will have 624 all the effect that the noble Earl hopes, but I raise no objection to its insertion, more especially as the noble Earl has very courteously drawn it in the form that I suggested to him.
§ Clause 3:
§ Legal proceedings and enforcement of Act.
§ (6) In the application of this section to Scotland the Court of Session shall be substituted for the High Court, the Lord Advocate shall be substituted for the Board, and interdict shall be substituted for injunction.
LORD GORELLI have two drafting Amendments to this clause with reference to the effect of the Act in Scotland.
§ Amendments moved—
§ Page 5, line 28, leave out ("and") and insert ("the Board of Agriculture for Scotland shall be substituted for the Minister of Agriculture and Fisheries")
§ Page 5, line 28, at end insert ("and the reference to section two of the Merchandise Marks Act, 1891, shall not apply").—(Lord Gorell.)
§ Clause 9:
§ Offences in connection with Government marks.
§ 9.—(1) The provisions of the principal Act relating to the application of a false trade description to goods, or relating to goods to which a false trade description is applied, shall extend to the application to goods of any of the marks specified in the First Schedule to this Act in such a manner as to be reasonably calculated to lead persons to believe, contrary to the fact, that the goods are or have been the property of His Majesty or any Government Department, or have been tested or inspected or submitted or selected for test or inspection by or on behalf of His Majesty or any Government Department, and to goods to which any such mark is applied in such a manner as aforesaid, in like manner as if such a mark so applied were a false trade description.
§
(2) If any person—
(a) removes any mark specified in the First Schedule to this Act from any goods to which it had, for the purpose of indicating that the goods were such property as aforesaid or had been tested or inspected or submitted or selected for test or inspection as aforesaid, been lawfully applied; or
(c) disposes of or has in his possession any die, block, machine or other instrument for impressing on or otherwise affixing to any goods any of the marks specified in Part II of the First Schedule to this Act;
he shall, unless he proves that he was lawfully authorised in that behalf, be deemed in the case
625
of an offence under paragraph (a) or paragraph (b) to have falsified a genuine trade mark, and in the case of an offence under paragraph (c) to have disposed of or had in his possession an instrument for the purpose of forging a trade mark, within the meaning of the principal Act.
§ (3) There shall be published in the Trade Narks Journal representations showing the exact form of each of the marks specified in Part II of the First Schedule to this Act which is intended to be protected by this Part of this Act, and a person charged with an offence under the principal Act as extended by this Part of this Act in respect of any such mark shall not be liable to be convicted on the charge unless the mark is identical with the representation thereof so published or so nearly resembles that representation as to be reasonably calculated to deceive.
§ LORD GORELL moved, in subsection (1), after "goods," where that word thirdly occurs, to insert "of any class." The noble Lord said: Before I actually come to this clause perhaps your Lordships would like me to mention that there is a printer's error in Clause 7, to which my attention has been drawn. That will be put straight with the reprinting of the Bill. With regard to the Amendment to Clause 9, that is slightly restrictive, in order to make the penal provisions operate only where a Government mark specified in the Bill is applied to the particular class, of goods in respect to which it is a Government mark.
§
Amendment moved—
Page 8, line 29, after ("goods") insert ("of any class").—(Lord Gorell.)
§ THE EARL OF SELBORNEI have a consequential Amendment to this clause.
§
Amendment moved—
Page 8, line 30, leave out ("First") and insert ("Second").—(The Earl of Selborne.)
§
Amendment moved—
Page 8, line 30, after ("Act") insert ("as being Government marks in respect of that class of goods").—(Lord Gorell.)
§ THE EARL OF SELBORNEThe next three Amendments in my name are also consequential.
§ Amendments moved—
§ Page 9, line 2, leave out ("First") and insert ("Second")
§ Page 9, line 17, leave out ("First") and insert ("Second")
§ Page 9, line 27, leave out ("First") and insert ("Second").—(The Earl of Selborne.)
626§ Clause 10:
§ Saving.
§ 10.—(1) Where any person was on the tenth day of April, nineteen hundred and twenty-two, using for the purpose of trade in connection with any class or description of goods any trade mark containing any of the marks specified in Part 11 of the First Schedule to this Act, nothing in this Part of this Act shall prejudice the right, if any, of that person or of his successors in title to continue to use that trade mark in connection with goods of that class or description, and nothing in this Part of this Act shall be deemed to render illegal the possession by that person or his successors in title of any die, block, machine, or other instrument for impressing or otherwise affixing that trade mark on or to any goods of that class or description.
§ (2) For the purposes of the provisions of the principal Act which impose a penalty on any 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 false trade description is applied, any goods to which any mark specified in the First Schedule to this Act has been lawfully applied before the commencement of this Act shall not be deemed to be goods to which a false trade description is applied.
§ THE EARL OF SELBORNEThe two Amendments to clause which I have placed on the Paper are consequential.
§ Amendments moved—
§ Page 10, line 21, leave out ("First") and insert ("Second")
§ Page 10, line 17, leave out ("First") and insert ("Second").—(The Earl of Selborne.)
§ Clause 11:
§ Provisions as to prosecutions under Part II.
§ 11.—(1) Subject as hereinafter provided, a prosecution for an offence under this Part of this Act shall not be instituted except by or with the consent of the Attorney-General, or by the Director of Public Prosecutions or the Solicitor of a Government Department:
§ Provided that—
- (a) Where any such prosecution has been instituted otherwise than in accordance with the foregoing provision, the prosecution may be undertaken or carried on by the Director of Public Prosecutions or the solicitor of a Government Department, and if so undertaken or carried on shall be deemed to have been duly instituted in accordance with those provisions; and
- (b) A person charged with such an offence may be arrested or a warrant for his arrest may be issued and executed, and any such person may be remanded in custody or on bail, notwithstanding that a prosecution has not been instituted in accordance with the foregoing provision, but no further or other proceedings shall be taken until a prosecution is so instituted.
§ (2) Section two of the Merchandise Marks Act, 1891, the Merchandise Marks (Prosecutions) Act, 1894, as amended by the Board of Agriculture and Fisheries Act, 1903, and the Merchandise Marks (Ireland) Act, 1909, shall not have effect in relation to prosecutions under this Part of this Act.
§ LORD GORELL moved, at the end of the clause, to insert as a new subsection: "(3) This section shall not apply to Scotland." The noble Lord said: This is a consequential Amendment.
§ Amendment moved—
§
Page 11, line 9, at end insert as a new subsection:
(3) This section shall not apply to Scotland."—(Lord Gorell.)
§ Clause 12:
§ Unauthorised use of Royal arms, devices, titles.
§ 12.—(1) Subject as hereinafter provided, any person who uses in connection with any trade, business, calling or profession—
- (a) the Royal arms, or any Royal device, or any arms or device closely resembling the Royal arms or any Royal device; or
- (b) any title, name, or description containing the word "Royal"; or
- (c) any other title or name suggesting the patronage of His Majesty or any member of the Royal Family or connection with His Majesty's Government;
§ Provided that—
- (i) Without prejudice to the provisions of section sixty-eight of the Trade Marks Act, 1905, and of subsection (2) of section ninety of the Patents and Designs Act, 1907, where any person was on the tenth day of April, nineteen hundred and twenty-two, using any such arms, device, title, name or description as aforesaid in connection with any trade, business, calling or profession, nothing in the foregoing provision shall affect the right, if any, of that person or of the successors in title (not being a body corporate) of that person to continue to use those arms, or that device, title, name or description, as the case may be, in that connection; and
- (ii) Summary proceedings for an offence, or proceedings for an injunction, under this section shall not be instituted in England or Northern Ireland except by a person authorised in that behalf by the Lord Chamberlain or a Secretary of State, and proceedings for an
628 interdict under this section in Scotland shall not be instituted except by a person authorised in that behalf by the Lord Chamberlain or the Secretary for Scotland.
§ (3) In this section the expression "lawfully authorised" means authorised by His Majesty, or the member of the Royal Family concerned, or a Secretary of State, as the case may require, and references to the Royal arms or to a Royal device shall be construed as including references to the arms or a device of any member of the Royal Family.
§
LORD GORELL moved, in subsection (1), after "Provided that," to insert—
(i) Nothing in this section shall be construed as affecting the right, if any, of a proprietor of a trade mark containing such arms, device, title, name, or description, to continue to use such trade mark; and
The noble Lord said: This Amendment is proposed in order to meet the point made by the noble Lord, Lord Southwark, who desires me to inform your Lordships that it meets the point he had in view, and that he is prepared to accept it and not to move the Amendment which he has placed on the Paper. It is a further saving clause with regard to a trade mark if any proprietor now has a right.
§
Amendment moved—
Page 11, line 29, at end insert the said new paragraph.—(Lord Gorell.)
§ Amendments moved—
§ Page 12, line 7, leave out ("section") and insert ("subsection")
§ Page 12, line 12, leave out ("section") and insert ("subsection").—(Lord Gorell.)
§ LORD GORELL moved, at the end of subsection (1), to insert the following new subsection:
§
"(2) Any person who uses in connection with any trade, business, calling, or profession any device calculated to suggest that he is a person whose name is included in the roll made under the national scheme for the employment of disabled men and ordered by proclamation of His Majesty to be known as the "King's National Roll" shall if his name is not so included be liable on summary conviction to a fine not exceeding twenty pounds, and may be restrained by injunction or interdict from continuing so to use that device or any similar device:
629
Provided that summary proceedings for an offence or proceedings for an injunction or interdict tinder this subsection shall not be instituted except by a person authorised in that behalf by the Minister of Labour.
§ The noble Lord said: This new subsection is inserted in order to safeguard the now well-known National Roll. It is a straightforward subsection and explains itself.
§
Amendment moved—
Page 12, line 15, at end insert the said new subsection.—(Lord Gorell.)
§ LORD GORELL moved in subsection (3), after "Secretary of State," to insert "or, as respects Scotland, the Secretary for Scotland." The noble Lord said: This Amendment is consequential upon a previous decision of your Lordships.
§
Amendment moved—
Page 12, line 33, after ("State") insert ("or, as respects Scotland, the Secretary for Scotland").—(Lord Gorell.)
§ Clause 15:
§ Short title and repeal.
§ (3) The enactments mentioned in the Second Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.
§ THE EARL OF SELBORNEThe Amendment to Clause 15 is consequential.
§
Amendment moved—
Page 14, line 24, leave out ("Second") and insert ("Third").—(The Earl of Selborne.)
§ THE EARL OF SELBORNE moved to insert the following new Schedule as the First Schedule:—