IP Background
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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
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