Merchandise Marks Act · s 25

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25.
Forfeiture of Goods
( 1) When a person is convicted under section 7 of using a false trade mark, or under section 12 of importing, selling, or exposing or having in possession for sale or any purpose of trade or manufacture, any goods or things with a counterfeit trade mark applied thereto, or under section 13
or section 14 of making, or making use of, a false mark, or under section 20 or 21 of applying a false trade description 15
Forfeiture of goods

16
Description of trade mark in pleadings, etc.
Rules as to evidence

Merchandise Marks to goods or of importing, selling or exposing or having in possession for sale or any purpose of trade or manufacture, any goods or things to which a false trade description is applied, or is acquitted on proof of the matter or matters specified in section 12, 21 or 24, the Court convicting or acquitting him may direct the forfeiture to the Government of all goods and things by means of, or in relation to, which the offence has been committed or, but for such proof as aforesaid, would have been committed.
(2) When a forfeiture is directed on a conviction and an appeal lies against the conviction, an appeal shall lie against the forfeiture also.
(3) When a forfeiture is directed on an acquittal and the goods or things to which the direction relates are of value exceeding $5,000, an appeal against the forfeiture may be preferred, within 7 days from the date of the direction, to the High Court.
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s 25Forfeiture of Goods

( 1) When a person is convicted under section 7 of using a false trade mark, or under section 12 of importing, selling, or exposing or having in possession for sale or any purpose of trade or manufacture, any goods or things with a counterfeit trade mark applied thereto, or under section 13

or section 14 of making, or making use of, a false mark, or under section 20 or 21 of applying a false trade description 15

Forfeiture of goods

Description of trade mark in pleadings, etc.

Rules as to evidence

(2)

When a forfeiture is directed on a conviction and an appeal lies against the conviction, an appeal shall lie against the forfeiture also.

(3)

When a forfeiture is directed on an acquittal and the goods or things to which the direction relates are of value exceeding $5,000, an appeal against the forfeiture may be preferred, within 7 days from the date of the direction, to the High Court.

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