BOARD OF TRADE MERCHANDISE MARKS ACT, 1926 Report of the respecting WIRE NETTING AND WOVEN WIRE Presented by the President of the Board of Trade LONDON: PRINTED AND PUBLISHED BY HIS MAJESTY'S STATIONERY OFFICE. To be purchased directly from H.M. STATIONERY OFFICE at the following addresses. Adastral House, Kingsway, London, W.C.2; 120, George Street, Edinburgh; York Street, Manchester; 1, St. Andrew's Crescent, Cardiff; 15, Donegall Square West, Belfast; or through any Bookseller. 1927 Price 2d. Net. Cmd. 2930 NOTE. The estimated cost of this Report, exclusive of the salaries of the Committee, is £4 2s. Od. representing the cost of printing and publishing. The Committee are paid salaries amounting in the aggregate to £3,250 per annum. MERCHANDISE MARKS ACT, 1926. REPORT OF THE STANDING COMMITTEE RESPECTING WIRE NETTING AND WOVEN WIRE. THE RIGHT HON. SIR PHILIP CUNLIFFE-LISTER, K.B.E., M.C., M.P., President of the Board of Trade. SIR, ON the 9th May, 1927, the Board of Trade made a reference to us in respect of imported wire netting and woven wire for enquiry under Section 2, Sub-section 1, of the Merchandise Marks Act, 1926. In pursuance of this reference it has become our duty, in accordance with the provisions of Sub-section 6 of Section 2 of the Act, to make a report to the Board of Trade as to whether, in our opinion, an Order-in-Council ought to be made under Section 2 of the Act, requiring imported wire netting and woven wire to bear an indication of origin at the time of sale or exposure for sale in the United Kingdom. 2. We held our enquiry on the 14th and 15th June, all the evidence being given in public. The applicants, who were represented by Mr. F. A. S. Gwatkin, were the British Wire Netting Manufacturers' Association, Limited, and the Woven Wire Association. Three parties appeared in opposition at the Enquiry, namely: Messrs. F. E. Bull, represented by Mr. F. P. Woodcock; Messrs. Southworths, Limited, represented by Mr. W. 3. The applicants asked that an Order-in-Council should be made requiring all imported wire netting and woven wire to bear an indication of origin at the time of sale or exposure for sale. 4. Wire netting is usually sold in rolls of 50 or 25 yards, and woven wire is ordinarily sold in bundles. According to the evidence practically all wire netting woven and galvanised in this country bears some prominent mark to show that it is made in the United Kingdom, and it was stated that woven wire which is woven and (where necessary) galvanised in the United Kingdom will shortly be marked in a similar manner. 5. A considerable part of the Enquiry was taken up with argument as to whether chain link fencing is or is not woven wire. The applicants desired to include chain link fencing in their application, but the opponent interested in this form of fencing denied that it is properly described as woven wire, and submitted that, if there were any doubt on the point, it should be expressly excluded from any Order that might be made. The applicants, however, produced trade catalogues to show that according to ordinary trade usage this kind of fencing is regarded as a form of woven wire. 6. The applicants proposed that imported wire netting should bear an indication of origin on a label not less than one foot in diameter, the letters to be not less than two inches in height. They proposed, in addition, that at the top edge of the inside end of the roll, a tin tally bearing the indication of origin should be conspicuously attached. A similar proposal was made in the case of woven wire, except that the label should be not less than eight inches in diameter and that the letters should be not less than one and a half inches high. They proposed also that, in order to avoid any risk of confusion with British labels. certain combinations of colours should not be allowed. The applicants stated that the above proposals were based on the method of marking now employed in the case of the British material. 7. Opponents complained that the lettering proposed for imported wire netting and woven wire was larger than the lettering which appeared on the British label, and that the proposed restriction on the use of certain colours would unreasonably prejudice them in the production of an attractive label. 8. We have carefully considered the evidence given at the Enquiry, and we are of the opinion that both imported wire netting and imported woven wire ought to bear an indication of origin at the time of sale or exposure for sale. We are impressed by the evidence given, that in the absence of such marking there is a substantial possibility that a purchaser may not know when he is buying imported material, and further, that in some cases he is liable to be seriously misled. There is no doubt that it is practically possible to apply an indication of origin effectively and without injury to rolls or bundles of wire netting or woven wire, and we do not consider that any prejudice will be caused to trade if the recommendations made below are adopted. 9. We consider, however, that it is unnecessary to prescribe in detail the method of marking proposed by the applicants which, in some respects, would in our opinion be unnecessarily onerous on the importers of foreign material, who in some cases may have a goodwill in labels of a certain colour or form. We do not consider that it is necessary in the Order-in-Council to restrict the use of certain colours in the manner suggested by the applicants, since any rights which the owner of a label may We possess under the existing law to protection against imitation will remain unimpaired; nor do we consider it necessary to require a tin tally to be attached to each roll or bundle. are of opinion that the case will be adequately met if the roll or bundle of wire netting or woven wire bears conspicuously either on the outside of the roll or bundle or so as to be visible through the mesh, a label not less than eight inches in diameter bearing the indication of origin printed or indelibly stamped in a conspicuous manner in letters not less than one inch high on the surface of the label or on an adhesive label attached thereto in a prominent place. 10. The above recommendations apply to cases in which a complete roll or bundle, as imported, is sold or exposed for sale, According to the evidence the greater part of the wire netting and woven wire sold in this country is sold in complete rolls or bundles, but there are cases in which wire netting or woven wire is sold retail in smaller quantities. We think that it should be provided that when in the course of retail sale wire netting or woven wire is thus sold froin a roll or bundle the label must remain on the roll or bundle from which it is taken. We think that this ought to give reasonable protection to the retail purchaser without requiring the portion sold to bear an indication of origin. 11. We consider that the weight of evidence supports the view that chain link fencing is ordinarily regarded in the trade as a form of woven wire. We cannot on the facts before us recommend that this fencing should be excluded from the Orderin-Council. 12. We recommend that the Order should take effect on January 1st, 1928, or three months after the date of the making of the Order, whichever date is the later. (Signed) E. W. REARDON (Secretary). 20th July, 1927. H. LLEWELLYN SMITH. F. R. DAVENPORT. (63459) B |