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conspicousas any letter in the name or trade-mark , and in the same language and character as the name or trademark:"

Section 19 reads: “The President of the Union may from time to time, by notification in the Gazette, prohibit or restrict the bringing or taking by sea or by land goods of any specified description into or out of the Union of Burma or any specified part thereof, either generally or from or to any specified country, region, port or place beyond the limits of the Union of Burma.”

Offences and Penalties are provided in Chapter XVI and relevant section is 167 (8), which states:

“If any goods, the importation or exportation of which is for the time being prohibited or restricted by or under Chapter IV of this Act, be imported into or exported from the Union of Burma contrary to such prohibition or restriction, or

If any attempt be made so to import or export any such goods, or

If any such goods be found in any package produced to any officer of Customs as containing no such goods, or

If any such goods or any dutiable goods be found either before or after landing or shipment to have been concealed in any manner on board of any vessel within the limits of any port in the Union of Burma, or

If any goods, the exportation of which is prohibited or restricted as aforesaid, be brought to any wharf in order to be put on board of any vessel for exportation contrary to such prohibition or restriction; are deemed to contravention to the provisions in section 18 & 19 and; are penalized as: such goods shall be liable to confiscation; and any person concerned in any such offence shall be liable to a penalty not exceeding three times the values of the goods, or not exceeding one thousand rupees ( Kyats )"

It is impossible for us to cite judicial decision about the offence on I. Ps with reference to this Act because almost all the cases show that the offences are of importing other goods rather than of I. Ps.

(d) The Burma Merchandise Marks Act

It was also enacted as India Act No. IV in 1889 and has been enforceable since 1st April 1889 or after that date. Introduction into our country was made by British and is still in force to date.

Unintentional contravention of the law relating to marks and descriptions providing in this Act is:25

' Where a person is accused under section 482 of the Penal Code of using a false trade mark or property mark by reason of his having applied a mark to any goods, property or receptacle in the manner mentioned in section 480 or section 481 of that Code, as the case may be, or under section 6 of this Act of applying to goods any false trade description, or under section 485 of the Penal Code of making any die, plate or other instrument for the purpose of counterfeiting a trade mark or property mark, and proves-
(a) that in the ordinary course of business he is employed, on behalf of other persons to apply trade marks or property marks, or trade descriptions or, as the case may be, to make dies, plates or other instruments for making, or being used in making, trademarks or property marks, and that in the case which is the subject of the charge he was so employed and was not interested in the goods or other thing by way of profit or commission dependent on the sale thereof, 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 season to suspect the genuiness

25 BMMA section 8.

 

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