Merchandise Marks. (Ch. 31. No. 17.

 

mark to goods, the burden of proving the assent of the
proprietor shall hie on the defendant,

6. Where a defendant is charged with making any 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 com-
mutting 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 deseription; and

(¢) 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
hhable to pay the costs incurred by the prosecutor, unless he
has 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 description of the
country where it was made, those words or marks: shall
promd facie be deemed to be a description of that country

59 (2)

931

 

exemption
of certain
persons
employed
in ordinary
course of
business.

Application
ol Ordinance
to watches,