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Goods) Bill.

[AS AMENDED BY STANDING COMMITTEE B.]

ARRANGEMENT OF CLAUSES.

Clause.

1. Imported goods bearing name or trade mark of British manufacturer or trader not to be sold unless accompanied by indication of origin.

2. Power to require indication of origin in the case of certain imported goods.

3.

4.

5.

Constitution of committees.

Offences.

Power of employer to exempt himself from penalty on conviction of the actual offender.

6. Laying before Parliament and revocation and variation of orders.

7. Penalty on removal of indication of origin from imported goods.

8. Execution of Act by local authorities.

9. Interpretation.

10. Exercise of powers of Board of Trade under Act.

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(Imported Goods).

A

BILL

[AS AMENDED BY STANDING COMMITTEE B]

TO

Require an indication of origin to be given in the A.D. 1926. case of certain imported goods.

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E it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, 5 as follows:

name or trade

British manu

1.-(1) It shall not be lawful to sell, expose for sale, Imported or distribute by way of advertisement, in the United goods bearing Kingdom, any goods to which there is applied any name or trade mark being, or purporting to be, the name or 10 trade mark of any manufacturer, dealer or trader in the United Kingdom, not being goods produced or wholly or mainly manufactured therein, unless the name or trade mark is accompanied by an indication of origin.

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(2) For the purposes of this section

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(a) a name or trade mark shall be deemed to be
applied to goods if it is applied either to the
goods themselves or to any covering, label,
reel, or other thing in or with which the
goods are sold or exposed for sale; and
(b) the expression trade mark" means a mark
which is used upon or in connection with
goods for the purpose of indicating that they
are the goods of the proprietor of the mark by
virtue of manufacture, selection, certification,
dealing with, or offering for sale.

mark of turer or trader not to be sold unless accompanied by indication

of origin.

A.D. 1926.

Power to require in

the case of certain imported goods.

(Imported Goods).

(3) If the Board of Trade are satisfied after considering such representations (if any) as may be made to them by any persons having a substantial interest in the matter that, having regard to the special circumstances of the trade, difficulties would arise if this section 5 applied to goods of any class or description, or goods sold under any particular designation, and that public interests in the United Kingdom would not be materially prejudiced by exempting such goods from the operation of this section, they may direct that this section shall 10 not apply to such goods, or that goods shall not be treated as falling under this section by reason only that they are so designated.

(4) Articles used or to be used for any of the following purposes, that is to say, as coverings, labels, reels, or 15 otherwise as articles in or with which goods manufactured or produced in the United Kingdom are or are to be sold or exposed for sale shall be excluded from the operation of this section, notwithstanding that the name or trade mark of the manufacturer, dealer, or trader in 20 the United Kingdom is applied thereto, if the name or mark was applied with his consent.

(5) This section shall not come into operation until the expiration of six months from the date of the passing of this Act.

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2.-(1) After a public enquiry in relation to goods of any class or description has on a reference from the dication of appropriate department been held by a committee origin in appointed for the purposes of this Act (in this Act referred to as a committee") and the report of the 30 committee on the matter has been taken into consideration by the department, that department may, unless it appears to them that the trade of the United Kingdom or the trade generally of other parts of His Majesty's dominions with the United Kingdom would be prejudiced 35 if imported goods of that class or description for use or consumption in the United Kingdom were prohibited to be sold unless they bear an indication of origin, make a representation to His Majesty that it is desirable that an order should be made under this section, and His 40 Majesty may thereupon, subject to the provisions of this Act, make an Order prohibiting the sale, or the exposure for sale in the United Kingdom, of imported goods of

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(Imported Goods).

that class or description unless they bear an indication A.D. 1926. of origin.

(2) No reference shall be made to a committee in respect of articles of any class or description unless there 5 has been made to the department an application therefor which, in the opinion of the department, substantially represents the interests of either manufacturers, producers, dealers, users, or consumers, or of any body of wage-earners.

(3) Whenever a reference to a committee is made by a department under this section, notice thereof shall be published in the London, Edinburgh, and Belfast Gazettes, and in such other manner as the department may deem suitable, and no enquiry in respect of such 15 reference shall be begun by the committee until the expiration of twenty-eight days after the date of such publication.

(4) If on an enquiry under subsection (1) of this section it appears to a committee to be desirable that 20 any imported goods should bear an indication of origin at the time of importation, and the committee so reports to the appropriate department, that department unless, having regard to all the circumstances of the case, including the re-export trade of the United Kingdom 25 in that class or description of goods, it considers such action undesirable, may make a representation to His Majesty, and His Majesty may by Order in Council under this section (without prejudice to his powers under the preceding subsection) make provision accordingly, 30 and if any such goods required by any such Order to bear an indication of origin at the time of importation do not at that time bear such an indication they shall be deemed to be goods which are prohibited to be imported by virtue of section sixteen of the principal 35 Act:

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Provided that

(a) Subject to compliance with such condition
as to security for the re-exportation of the
goods as the Commissioners of Customs and
Excise may impose, an order under this
subsection shall not apply to goods im-
ported for exportation after transit through

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