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(c.) places, encloses or annexes any goods which are sold or exposed or had in possession for any purpose of sale, trade or 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 trade mark or mark or trade description:

A trade mark or mark or trade description is 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.

Every one is deemed to falsely apply to goods a trade mark or mark, who, without the assent of the proprietor of the trade mark, applies such trade mark, or a mark so nearly resembling it as to be calculated to deceive;

and in any prosecution for falsely applying a trade mark or mark to goods, the burden of proving the assent of the proprietor lies on the defendant.

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ARTICLE 524.

FORGERY OF TRADE MARKS, ETC.-DEFENCE.

1 Every one is guilty of a misdemeanor who

(a.) forges any trade mark; or

(b.) falsely applies to goods any trade mark, or any mark so nearly resembling a trade mark as to be calculated to deceive; or

(c.) makes any die, block, machine or other instrument, for the purpose of forging, or being used for forging, a trade mark; or

151 Vict. (D.) c. 41, s. 6; 10 & 51 Vict. c. 23, s. 2. And see R. S. C. c. 63, s. 17. No prosecution for any offence defined in Articles 524-526, 528 and 529, shall be commenced after the expiration of three years next after the commission of the offence, or of one year next after the first discovery thereof by the prosecutor, whichever expiration first happens ; 8 17.

(d.) applies any false trade description to goods; or (e.) disposes of, or has in his possession, any die, block, machine or other instrument, for the purpose of forging a trade mark; or

(f) causes any of such things to be done,

Unless he proves that he acted without intent to defraud.

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ARTICLE 525.

SELLING GOODS FALSELY MARKED-DEFENCE.

Every one is guilty of a misdemeanor 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, unless he proves

(a.) that having taken all reasonable precaution against committing such an offence 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

(b.) 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

(c.) that otherwise he had acted innocently.

151 Vict. (D.) c. 41, s. 6; 50 & 51 Vict. c. 28, s. 2. 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 is 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, 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; 51 Vict. (D) c. 41, s. 18; 50 & 51 Vict. c. 28, s. 17.

2" An offence against this Act." The words are wider than those used in the text, but it is probable that in actual practice the defence would be narrowed to showing that the offender had taken all reasonable precautions against committing the offence with which he was charged.

ARTICLE 526.

SELLING BOTTLES MARKED WITH TRADE MARK WITHOUT

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CONSENT OF OWNER.

Every person, other than the lawful owner of the bottles and proprietor of the trade mark hereinafter referred to, who sells, or exposes or offers for sale, or traffics in bottles marked with the trade mark of the owner thereof, and without the assent of such owner, is guilty of a misdemeanor.

ARTICLE 527.

PUNISHMENT OF OFFENCES DEFINED IN THIS CHAPTER.

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Every person guilty of any offence defined in this chapter is liable

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(a.) on conviction on indictment to imprisonment, with or without hard labor, for a term not exceeding two years, or to fine, or to both imprisonment and fine; and

(b.) on summary conviction, to imprisonment, with or without hard labor, for a term not exceeding four months, or to a fine not exceeding one hundred dollars; and in case of a second or subsequent conviction to imprisonment, with or without hard labor, for a term not exceeding six months, or to a fine not exceeding two hundred and fifty dollars.

In any case every chattel, article, instrument or thing, by means of, or in relation to which, the offence has been committed shall be forfeited.

ARTICLE 528.

FALSELY REPRESENTING THAT GOODS ARE MANUFACTURED

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FOR HER MAJESTY, ETC.

Every person is guilty of a misdemeanor and liable,

1 51 Vict. (D) c. 41, s. 7.

251 Vict. (D) c. 41, s. 8; 50 & 51 Viet. c. 28, s. 2.

3 This appears to be the effect of the Act, but see ss. 21, 22, Arts 528,529.

451 Vict. (D) c. 41, s. 21; 50 & 51 Viet. c. 28, s. 20.

on summary conviction, to a penalty not exceeding one hundred dollars 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, or any Government Department of the United Kingdom or of Canada.

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ARTICLE 529.

UNLAWFUL IMPORTATION OF GOODS LIABLE TO FOR-
FEITURE UNDER THIS CHAPTER.

Every one is guilty of a misdemeanor and liable, on summary conviction, to a penalty of not more than five hundred dollars nor less than two hundred dollars who imports or attempts to import any goods which, if sold, would be forfeited under the provisions of this chapter, or any goods manufactured in any foreign state or country which bear any name or trade mark which is or purports to be the name or trade mark of any manufacturer, dealer or trader in the United Kingdom or in Canada, unless such name or trade mark is accompanied by a definite indication of the foreign state or country in which the goods were made or produced; and such goods shall be forfeited. 2

ARTICLE 530.

DEFENCE WHERE PERSON CHARGED INNOCENTLY IN THE ORDINARY COURSE OF BUSINESS MAKES INSTRU

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MENTS FOR FORGING TRADE MARKS.

Whenever a defendant is charged with making any

151 Vict. (D) c. 41, s. 22; 50 & 51 Vict. c. 28, s. 16. Any name of a place on any goods identical with, or a colorable imitation of, the name of a place in the United Kingdom or Canada, not accompanied with the name of the country in which it is situate, is, unless the same, in the opinion of the Minister of Customs, is not calculated to deceive, to be treated as the name of a place in the United Kingdom or Canada; s. 22 (2). For other provisions respecting importation of goods see s. 22 (3) and (4).

2" and may be seized by any officer of the Customs and dealt with in like manner as "any goods or things forfeited under this Act; "51 Vict. (D) c. 41, s. 22.

351 Vict. (D) c. 41, s. 5; 50 & 51 Vict. c. 28, s. 6.

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 Article 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 Canada, and was not interested in the goods by way of profit or commission dependent on the sale of such goods; and

(b.) 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 person by or 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 has given due notice to him that he will rely on the above defence.

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ARTICLE 531.

DEFENCE WHERE OFFENDER IS A SERVANT.

1 No servant of a master, resident in Canada, who boná fide acts in obedience to the instructions of such master, and, on demand made by or on behalf of the prosecutor,

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