§ After Clause 3, page 4, line 4, at end insert the following new clause—
§ Clarification of s. 2 (2) of Merchandise Marks Act, 1887
§ (" . Section two of the Merchandise Marks Act, 1887, shall be amended by the deletion of subsection (2) thereof and the insertion of the following subsection:
§ '(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 either—
- (a) that, having taken all reasonable precautions against committing an offence against this Act, 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 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
- (b) that otherwise he had acted innocently;
§ LORD MANCROFTMy Lords, this Amendment is purely consequential. I beg to move that this House do agree with the Commons in the said Amendment.
§ Moved, That this House do agree with the Commons in the said Amendment.—(Lord Mancroft.)
§ On Question, Motion agreed to.