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of the mark or description, and

(d) that, on demand made by or on behalf of the prosecutor, he gave all the information in his power with respect to the persons on whose behalf the mark or description was applied."

Latter part of this provision and provision in section 7 are much similar to the provision in section 486 of the Penal Code. Forfeiture of goods, providing in this Act is 26: When a person is convicted under section 482 of the Penal Code of using a false trade mark, or under section 486 of that code of 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 487 or section 488 of that code of, or making use of a false mark or under section 6 or 7 of this Act of applying a false trade description to goods or of 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 486 of the Penal Code or section 7 or section 8 of this Act, the Court convicting or acquitting him may direct the forfeiture to [the State]* 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. When a forfeiture is directed on a conviction, and an appeal lies against the conviction, an appeal shall lie against the forfeiture also.

When a forfeiture is directed on an acquittal and the goods or things to which the direction relates are of value exceeding fifty rupees (kyats) an appeal against the forfeiture may be preferred, within thirty days from the date of the direction, to the Court to which in appealable cases appeals lie from sentences of the Court which direct the forfeiture."

In supplemental provisions, evidence of origin of goods imported by sea is: 27
In the case of goods brought into the Union of Burma by sea, evidence of the port of shipment shall, in a prosecution against this Act or section 18 of the Sea Customs Act, be prima facie evidence of the place or country in which the goods were made or produced.

Similarly costs of defence or prosecution is read: 28 " On any such prosecution as is mentioned in the last foregoing section, or on any prosecution for an offence against any of the sections of the Penal Code which relate to trade, property and other marks, the Court may order costs to be paid to the defendant by the prosecutor or to the prosecutor by the defendant, having regard to the information given by and the conduct of the defendant and prosecutor respectively.

Such costs shall, on application to the Court, be recoverable as if they were a fine."

Though the provisions abovementioned are as clear as they are defined, the most quarrelsome question for both litigants arisen out of this Act comes from section 15, which is stated:

“No such prosecution as is mentioned in the last foregoing section shall be commenced after the expiration of three years next after the commission of the offence, or one year after the first discovery there of by the prosecutor, whichever expiration first happens”.

For the question of limitation of prosecution we might observe from the cases of firstly Mahomed Jewa Motalla Vs. H.S. Wilson 29; it was held:

“The accused was prosecuted once in 1908 and then in 1910 under section 482, Indian Penal Code for

 

26 BMMA Section 9
* Substituted by the Union of Burma (Adaptation of Laws) Order , 1948.
27 BMMA section 13
28 BMMA section 14
29 Burma Law Times. Vol 4 p.83.

 

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