HL Deb 02 November 1988 vol 501 cc353-4

283 Clause 279, page 123, line 35, at end insert', or (d) to possess in the course of a business goods or material bearing such a mark with a view to doing any of the things mentioned in paragraphs (a) to (c),'.

284 Page 123, line 36, leave out 'those goods' and insert 'the goods in question and the goods are not connected in the course of trade with a person who is so entitled. (1A) It is also an offence, subject to subsection (2) below, for a person to possess in the course of a business goods or material bearing a mark identical to or nearly resembling a registered trade mark with a view to enabling or assisting another person to do any of the things mentioned in subsection (1)(a) to (c), knowing or having reason to believe that the other person is not entitled to use the mark in relation to the goods in question and that the goods are not connected in the course of trade with a person who is so entitled.'

285 Page 123, line 38, after '(1)', insert 'or (1A)'.

286 Page 124, leave out lines 1 to 4 and insert— '(b) he intends that the goods in question should be accepted as connected in the course of trade with a person entitled to use the mark in question;'.

287 Page 124, line 6, leave out 'that subsection' and insert 'subsection (1)'.

288 Page 124, leave out lines 9 to 13.

Lord Young of Graffham

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 283 to 288 en bloc. These amendments improve the definition of the offence of possession of counterfeit goods, particularly by catching the warehouseman who knows that what he is storing is counterfeit but who is not concerned with the actual making or sale of the goods.

Moved, That the House do agree with the Commons in their Amendments Nos. 283 to 288 en bloc.—(Lord Young of. Graffham.)

Lord Williams of Elvel

My Lords, the House will be aware that in the Trade Marks Act 1984 registered trade marks were extended to services, but services are not mentioned in Commons Amendment No. 283. It may be difficult in drafting terms to include services but I think that the Secretary of State and I are at one in believing that the difference between goods, manufactures and services is becoming more and more tenuous. Therefore, we may get into definitional problems and it also appears to me inconsistent with the Trade Marks Act 1984.

Lord Young of Graffham

My Lords, Clause 279 is limited to the fraudulent use of a registered trade mark because trade marks concern goods, and the counterfeiting of goods is a serious and increasing problem which is not adequately dealt with by existing law. By contrast, we are not aware of any problems with counterfeit services. It has not been suggested to us that this is a problem and in any event anyone who uses someone else's service mark improperly would inevitably be guilty of passing off, and the existing law on passing off provides a suitable remedy.

On Question, Motion agreed to.