Trade Marks Act Amendment Act (1893 No 11a) (NSW)

18D3. 5rv' v iGj. JSTo. 13. 21

Trade dlarl-x ^Ict mendmciit.

No. XIII.

All A(‘l to amend tlu‘ “ Trade Marks A e t / ' ' v ' ^ ̂

1865,” and tlie law relating’ to Irade M arks.

[11 !h Ajrril, 1893.] ‘

“O E it c'uacted Ly tlio (Queen’s Most Excellent Majesty, l)y and ndth

.13 the advice and consent ol' the Legislative Council and Legislative

Assembly of X"(!w South ALales in Parliament assembled, and hy the authority ol' fhe same, as follows ;—

1. 'I’liis Act may l)c cited as the “ Trade Marks Act Anw'nd- ao inr..n..>niio(i.

nient Act” and shall he incorporated and read with the “ Trade ^Larks

Act, ]8()5,” li('r(‘i]vartcr called tin' Princi]>al Act.”

2. At the trial of any person charged with an otfence under Bimirn of proof

sections eight, nine, or thirteim of the Princip.al Act, it shall not he necessary to prove' that tlu' s;dd person did the acts complained of with intc'ut to defraud or to ('uahle another to defraud, hut the burden of ])roving that he did the acts complained of without intent to defraud or to enal)l(' another to de'l'raud shall h(' on the person so charged, anything in section cightcf'u of the said Act to the contrary notwith- standiif g.

;h At tli(! trial of any ])erson charged with an offence umh'r Bui-am of proof

section ten of the Principal .Vet, it shall not he necessary to ])rove that	'x" ?,
the said pf'rson kiu'w that the trade mark was forged or counterff'ited, or knew that the trade mark of anotlier ])crson had been applied or used falsfdy or wrongfully, or witliout hiwfid authority or excuse, as the case may he, hut tlie himh'n of proving the absence of such kiiowledgf' shall he on tlu' ])('rson so charged.

•t. .Vt the trial of any ])erson charged with an offence under Bimien of i.i-ooC

sf'ction fourtf'cn of the Princi])al Act it shall not he necessary to prove o™y,v"N,,̂

that tl\e said persofi knew that any false description, statement, or

otlu'r indication of or resju-cling any of tlie matters mentioned in the

said si'ction had hi'en [)ut upon any of tin,' chattels, articles, or things

in the s;tid seel ion mentioned, hnt the hnrdcn of proving tin' ahs('nce

of such knowledge shall he on the person so charged.

5. Where, u])on information of an offence against this or the Soardi wanimts.

Principal Act, a .Instice of the Peace has issued either a summons rccpiiring the defendant charged hy the information to appear to answi'r to the .same, or a warrani for tin' arrest of the defendant, and ('ither the said .Tnstice, on or after issuing (he summons or warrant, or any oflu'r .lustice is satisiif'd hy iiiforiuation on oath (hat there is reasonable causi' to suspect that any goods or things hy means of or in relation to which the said offence has h('en cominitted are in any house or ])rf‘inises of th(' defendant, or otherwise in his ])oss('ssion or under his control in any place, (he said .Listicf' may issiu' a warrant umh'r his hand, hy virtue of which it shall he lawful for any constahh' named or r('f('rr('d (o in (he warrant to ('liter the said house, promises, or place at any reasonable time hy day, and to search there for and seize and tak(‘ away those goods and things. And any goods or things seized ninh'r any tneh ivarrant as aforesaid shall lie brought before a .Tuspee of ihe l’(’aee f..1/ the pnppn,..c of ii-hmiig dru'ruiim'd v\hf'ilh'T ilu'

or are m>l lialde lo forfeiluri' under this or lIu' I'ldueipal .-\et.

No. X i\d