« PreviousContinue »
manufacture, in, with, or to any covering, label, reel, or other thing to which a trade-mark or trade description has been applied ; or
(d.) Uses a trade-mark, or mark, or trade description in any manner calculated to lead to the belief that the goods in connection with which it is used are designated or described by that trademark, or mark, or trade description.
(2.) The expression “covering" includes any stopper, cask, bottle, vessel, box, cover, capsule, case, frame, or wrapper; and the expression “label” includes any band or ticket.
A trade-mark, or mark, or trade description shall be deemed to be applied whether it is woven, impressed, or otherwise worked into, or annexed, or affixed to the goods, or to any covering, label, reel, or other thing.
(3.) A person shall be deemed to falsely apply to goods a trademork or mark who, without the assent of the proprietor of a trademark, applies such trade-mark or a mark so nearly resembling it as to be calculated to deceive, but in any prosecution for falsely applying a trade-mark or mark to goods the burden of proving the assent of the proprietor shall lie on the defendant.
6. Where the defendant is charged with making a die, block, machine, or other instrument for the purpose of forging, or being used for forging, a trade-mark, or with falsely applying to goods any trade-mark or any mark so nearly resembling 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 he is employed, on behalf of other persons, to make dies, blocks, machines, or other instruments for making, 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 committing the offence charged; and
(c.) That 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
(d.) That he gave to the prosecutor all the information 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 bas given due notice to him that he will rely on the above defence.
7. Where a watch-case has thereon any words or marks which constitute, or are by common repute considered as constituting, a description of the country in which the watch was made, and the watch bears no deseription of the country where it was made, those words or marks shall prima facie be deemed to be a description of that country within the meaning of this Ordinance, and the provisions of this Ordinance with respect to goods to which a false trade description has been applied, and with respect to selling or esposing for, or having in possession for, sale, or any purpose of trade or manufacture, goods with a false trade description, shall apply accordingly, and for the purposes of this section the expression
means all that portion of a watch which is not the watch
8. In any indictment, pleading, proceeding, or document in which any trade-mark or forged trade-mark is intended to be mentioned, it shall be sufficient, without further description and without any copy or fac-simile, to state that trade-mark or forged trademark to be a trade mark or forged trademark.
9. In any prosecution for an offence against this Ordinance
(1.) A defendant, and his wife or her husband, as the case may be, may, if the defendant thirks fit, be called as a witness, and, if called, shall be sworn and examined, and may be cross-examined and re-examined in like manner as any other witness.
(2.) In the case of imported goods, evidence of the port of shipment shall be prima facie evidence of the place or country in which the goods were made or produced.
10. Any person who, being within the Colony, procures, counsels, aids, abets, or is accessory to the commission, without the Colony, of any act which, if committed in the Colony, would under this Ordinance be a misdemeanour, shall be guilty of that misdemeanour as a principal, and be liable to be indicted, proceeded against, tried, and convicted in that part of Colony in which he may be, as if the misdemeanour had been there committed.
11.-(1.) Where, upon information of an offence against this Ordinance, a Stipendiary Justice of the Peace has issued either a summons requiring the defendant charged by such information to appear to answer to the same, or a warrant for the arrest of such defendant, and either the said Justice on or after issuing the summons or warrant, or any other Stipendiary Justice of the Peace, ir satisfied by information on oath that there is reasonable cause to suspect that any goods or things by means of or in relation to which such offence bas been committed are in any house or premises of the defendant, or otherwise in his possession or under his control in any place, such Stipendiary Justice of the Peace may issue a warrant under his hand by virtue of which it shall be lawful for any constable named or referred to in the warrant to enter such house, premises, or place at any reasonable time by day, and to search there for and seize and take away those goods or things; and any goods or things seized under any such warrant shall be brought before a Court of Summary Jurisdiction for the purpose of its being determined whether the same are or are not liable to forfeiture under this Ordinance.
(2.) If the owner of any goods or things which, if the owner thereof had been convicted, would be liable to forfeiture under this Ordinance, is unknown or cannot be found, an information or complaint may be laid for the purpose only of enforcing such forfeiture, and a Court of Summary Jurisdiction may cause notice to be advertized stating that, unless cause is shown to the contrary at the time and place named in the notice, such goods or things will be forfeited, and at such time and place the Court, unless the owner or any person on his bebalf, or other person interested in the goods or things, show cause to the contrary, may order such goods or things or any of them to be forfeited.
(3.) Any goods or things forfeited under this section, or under any other provision of this Ordinance, may be destroyed or otherwise disposed of, in such manner as the Court by which the same are forfeited may direct, and the Court may, ont of any proceeds which may be realized by the disposition of such goods (all trade marks and trade descriptions being first obliterated), award to any innocent party any loss he may have innocently sustained in dealing with such goods.
12. On any prosecution under this Ordinance the Court may order costs to be paid to the defendant by the prosecutor, or to the prosecutor by the defendant, having regard to the information given by, and the conduct of, the defendant and prosecutor respectively.
13. No prosecution for an offence against this Ordinance shall be commenced after the expiration of three years next after the commission of the offence, or one year next after the first discovery thereof by the prosecutor, whichever expiration first happens.
14. On the sale or in the contract for the sale of any goods to which a trade-mark, or mark, or trade description has been applied, the vendor shall be deemed to warrant that the mark is a genuine trade-mark and not forged or falsely applied, or that the trade description is not a false trade description within the meaning of this Ordinance, unless the contrary is expressed in some writing signed by or on behalf of the vendor and delivered at the time of the sale or contract to and accepted by the vendee.
15. Where, at the passing of this Ordinance, a trade description is lawfully and generally applied to goods of a particular class, or manufactured by a particular method, to indicate the particular class or method of manufacture of such goods, the provisions of this Ordinance with respect to false trade descriptions shall not apply to such trade description when so applied : Provided that where such trade description includes the name of a place or country and is calculated to mislead as to the place or country where the goods to which it is applied were actually made or produced, and the goods are not actually made or produced in that place or country, this section shall not apply unless there is added to the trade description, immediately before or after the name of that place or country, in an equally conspicuous manner, with that name, the name of the place or country in which the goods were actually made or produced, with a statement that they were made or produced there.
16.-(1.) This Ordinance shall not exempt any person from any action, suit, or other proceeding which might, but for the provisions of this Ordinance, be brought against bim.
(2.) Nothing in this Ordinance sball entitle any person to refuse to make a complete discovery, or to answer any question or interrogatory in any action, but such discovery or answer shall not be admissible in evidence against such person in any prosecution for an offence against this Ordinance.
(3.) Nothing in this Ordinance shall be construed so as to render liable to any prosecution or punishment any servant of a master resident in the Colony who bona fide acts in obedience to the instructions of such master, and, on demand made by or on behalf of the prosecutor, has given full information as to his master.
17. Any person who falsely represents that any goods are made by a person holding a Royal Warrant, or for the service of Her Majesty, or any of the Royal Family, shall be liable, on summary conviction, to a penalty not exceeding 201.
Passed in Council this 11th day of June, in the year of our Lord
A. C. ROSS, Clerk of the Council.
ORDINANCE of the Government of Trinidad, to provide for
the Registration of Copyright in Literary and Artistic Works, and for the Preservation of Copies of Books pub
lished in the Colony. [No. 10.]
[June 18, 1888.] (L.S.) WILLIAM ROBINSON, Governor.
June 23, 1888. BE it enacted by the Governor of Trinidad, with the advice and consent of the Legislative Council thereof, as follows:
1. This Ordinance may be cited as The Literary and Artistic Works (Registration) Ordinance, 1888.”
2. In this Ordinance the following words and expressions shall have the following meaning:
“ Literary and artistic works” comprehends books, pamphlets, and all other writings, dramatic or dramatico-musical works, musical compositions with or without words, works of design, painting, sculpture, and engraving, lithographs, illustrations, geographical charts, plans, sketches, and plastic works relative to geography, topography, architecture, or science in general, in fact every production whatsoever in the literary, scientific, or artistic domain which can be published by any mode of impression or reproduction and in which copyright is by any law now or hereafter to be in force in the British dominions or in any country of the Foreign Copyright Union established by the Convention set forth in Her Majesty's Order in Council dated the 28th day of November, 1887 ;*
"Country of origin” means the country in which a literary or artistic work is first published, or for an unpublished literary or artistic work the country to which the author belongs ;
“ Book” shall be construed to mean and include every volume, part or division of a volume, pamphlet, sheet of letter-press, sheet of music, map, chart, or plan separately published;
“ Dramatic piece" shall be construed to mean and include every tragedy, comedy, play, opera, farce, or other scenic, musical, or dramatic entertainment;
“Sculpture” shall be construed to mean and include every sculpture, or model, or copy, or cast of the human figure or human figures, or of any bust or busts, or of any part or parts of the human figure, clothed in drapery or otherwise, or of any animal or animals, or of any part or parts of an animal combined with the human figure
* Vol. LXXVIII, page 1015.