Merchandise Marks Act, 1937
Act 24 of 1937
- Commenced on 30 April 1937
- [This is the version of this document at 1 December 1998.]
1. Short titleThis Act may be cited as the Merchandise Marks Act, 1937.
5. DefencesIf a person is charged with making any die, block, machine or other instrument for the purpose of forging or being used for forging a trade mark or with falsely applying to goods any trade mark or any mark so nearly resembling a trade mark as to be calculated to deceive, or with applying to goods any false trade description, or causing any of the things in this section mentioned to be done and proves—
6. Country of origin of watchesIf a watch case has thereon any words or marks which constitute or are by common repute considered as constituting a description of the country where it was made and the watch bears no description of the country where it was made, those words or marks shall prima facie be deemed to be a description of that country within the meaning of this Act, and the provisions of this Act with respect to goods to which a false trade description has been applied and with respect to selling or exposing for or having in possession for sale or any purpose of trade or manufacture goods with a false trade description shall apply accordingly and for the purposes of this section the expression “watch” means all that portion of a watch which is not the watch case.
7. Necessary allegationIn any indictment, charge, pleading, proceeding or document in which any trade mark or forged trade mark is intended to be mentioned, it shall be sufficient without further description and without any copy or facsimile to state that trade mark or forged trade mark to be a trade mark or forged trade mark.
8. Proof of originIn any prosecution for an offence against this Act evidence of the port of shipment of imported goods shall be prima facie evidence of the place or country in which the goods were made or produced.
9. Accessory to crimeAny person who being within Swaziland procures, counsels, aids, abets or is accessory to the commission outside Swaziland of an act which if committed in Swaziland would under this Act be an offence shall be guilty of that offence as a principal, and shall be liable to be indicted, proceeded against, tried and convicted in any place in Swaziland in which he may be as if the offence had been there committed.
10. Power of entry and search
11. CostsOn any prosecution under this Act the court may order costs to be paid to the accused by the complainant or to the complainant by the accused having regard to the information given by and the conduct of the accused and complainant respectively.
12. Limitation of actionNo prosecution for an offence against this Act shall be commenced after the expiry of three years after the commission of the offence or one year after the first discovery thereof by the complainant whichever first occurs.
13. Prohibition of importation
14. WarrantyOn the sale or in the contract for the sale of any goods to which a trade mark, or mark or trade, description has been applied the vendor shall be deemed to warrant that the mark is a genuine trade mark and not forged or falsely applied, or that the trade description is not a false trade description within the meaning of this Act, unless the contrary is expressed in some writing signed by or on behalf of the vendor and delivered at the time of the sale or contract to and accepted by the vendee.
15. Saving of existing rightsIf at the commencement of this Act a trade description is lawfully and generally applied to goods of a particular class or method of manufacture of such goods the provisions of this Act relating to false trade descriptions shall not apply to such trade description when so applied:Provided that where such trade description includes the name of a place or country and is calculated to mislead as to the place or country where the goods to which it is applied were actually made or produced, and the goods are not actually made or produced in that place or country this section shall not apply unless there is added to the trade description immediately before or after the name of that place or country, in an equally conspicuous manner with that name, the name of the place or country in which the goods were actually made or produced with a statement that they were made or produced there.
16. ExemptionThe Minister may, by notice in the Gazette at the request of the government of any other country exempt under such regulations as he may approve any goods or things imported directly into such country while in transit through Swaziland:Provided that goods or things so exempted shall in case of re-importation into Swaziland become subject to this Act.
17. Miscellaneous savings
18. Allegation of Royal WarrantAny person who falsely represents that any goods are made by a person holding a Royal Warrant or for the service of His Majesty or of the Ngwenyama or of the Ndhlovukati or any of the Royal Family or of the Government shall be liable on summary conviction to a penalty not exceeding forty emalangeni or, in default of payment, to imprisonment for a period not exceeding four months.
History of this document
01 December 1998 this version
30 April 1937