OFFICIAL GAZETTE THE BAHAMAS

Similar documents
CHAPTER 405 THE MERCHANDISE MARKS ACT PART II APPLICATION OF TRADE MARKS AND TRADE DESCRIPTIONS

APPLICABILITY TO SOUTH WEST AFRICA:

MERCHANDISE MARKS ACT CHAPTER 78:47. Current Authorised Pages Pages Authorised (inclusive) bylr.o Act 12ofl887 Amended by 19 of 1939

LAWS OF MALAWI MERCHANDISE MARKS CHAPTER 49:04 CURRENT PAGES

The Geographical Indications of Goods (Registration and Protection) Act, 1999

Trade Marks Act (2) If this Act does not commence under subsection (1) before 1 January. No. 156 of An Act relating to trade marks

TRADE MARKS ACT, 1999

GENERAL AGREEMENT ON TARIFFS AND TRADE

The Trade Marks Act, 1999 (No. 47 of 1999) [30 th December, 1999] CHAPTER I Preliminary

CHAPTER 315 TRADE MARKS ACT

Central Government Act The Trade And Merchandise Marks Act, 1958

FOOD CHAPTER 236 FOOD PART I PRELIMINARY

TRADE MARKS TRADE MARKS

TRADE DESCRIPTIONS ACT

BELIZE FISHERIES ACT CHAPTER 210 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000

MARKS OF ORIGIN. Submission of Laws and Regulations

Australian Meat and Live-stock Industry Act 1997

THE BUREAU OF INDIAN STANDARDS ACT, 1986

THE TRADE MARKS ACT, 1999 ARRANGEMENT OF SECTIONS

BERMUDA RESTAURANTS (TEMPORARY CUSTOMS DUTY RELIEF) ACT : 30

The Government of The Bahamas - Home

CHAPTER 91:01 TRADE ACT ARRANGEMENT OF SECTIONS

EI,IZABETHAE 11 REGlNAE

Legal Supplement Part C to the Trinidad and Tobago Gazette, Vol. 53, No. 152, 4th December, No. 22 of 2014

MOTOR VEHICLE COMPONENTS AND ACCESSORIES ACT

Hohmann & Partner Rechtsanwälte Schlossgasse 2, D Büdingen Tel ,

COMMUNITY PROVISIONS (FOOD SUPPLEMENTS) (JERSEY) REGULATIONS 2014

THE STATUTES OF THE REPUBLIC OF SINGAPORE PARKING PLACES (SURCHARGE) ACT (CHAPTER 215)

Reproduction for Lexbahamas 2002 Lexbahamas

CO-OPERATIVE SOCIETIES (AMENDMENT) BILL, 2013

PROTECTED AREAS ACT CHAPTER 204 LAWS OF KENYA

BELIZE EXCHANGE CONTROL REGULATIONS ACT CHAPTER 52 REVISED EDITION 2011 SHOWING THE SUBSTANTIVE LAWS AS AT 31 ST DECEMBER, 2011

CHAPTER TRADE LICENCES ACT

DRAFT GEOGRAPHICAL INDICATIONS BILL 2007

BERMUDA HOTELS (TEMPORARY CUSTOMS DUTY RELIEF) ACT : 5

923 No. 42 ] Praedial Larceny Act [ 2006.

Act No. 8 of 2015 BILL

AIR PASSENGER SERVICE CHARGE ACT

Prohibition of Incitement To Hatred Act, 1989

THE TRADE MARKS ACT, (Act No. 19 of 2009 dated 24 March 2009)

BELIZE PUBLIC SAFETY ACT CHAPTER 142 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000

THE FILLED MILK ACT of 1958

RENT CONTROL [CH RENT CONTROL CHAPTER 163 RENT CONTROL

Supplement No. 8 published with Extraordinary Gazette No. 81 dated 24 th October, 2018.

ROAD MAINTENANCE LEVY FUND ACT

Fisheries (Torres Strait Protected Zone) Act 1984 Chapter 411.

2ND SESSION, 41ST LEGISLATURE, ONTARIO 66 ELIZABETH II, Bill 153. An Act to regulate the labelling and certification of organic products

SMOKING (PROHIBITION IN CERTAIN PLACES) ACT (CHAPTER 310)

GUYANA. ACT No. 22 of 2004 FINANCIAL INSTITUTIONS (AMENDMENT) ACT 2004 ARRANGEMENT OF SECTIONS

Number 29 of 2000 ILLEGAL IMMIGRANTS (TRAFFICKING) ACT, 2000 ARRANGEMENT OF SECTIONS. Section 1. Interpretation. 2. Trafficking in illegal immigrants.

BERMUDA TRAFFIC OFFENCES PROCEDURE AMENDMENT ACT : 54

TRADE MARKS ACT (CHAPTER 332)

CHAPTER 159 THE EXPLOSIVES ACT. Arrangement of Sections Scction. Explosives (CAP

Second Hand Goods Act 23 of 1998 (GG 1955) brought into force on 1 November 1999 by GN 211/1999 (GG 2209) ACT

CHAPTER 3.05 PRAEDIAL LARCENY ACT

Trespass with a Vehicle (Offences) Bill

MOMBASA COUNTY GAZETTE SUPPLEMENT

BERMUDA VENDING ACT : 27

Trustee Licensing Act 1994 [50 MIRC Ch 3]

COUNTERFEIT AND FAKE DRUGS AND UNWHOLESOME PROCESSED FOODS (MISCELLANEOUS PROVISIONS) ACT

An Act to provide for the creation and management of State forests and other related matters.

Prohibition and Prevention of [No. 14 of 2001 Money Laundering THE PROHIBITION AND PREVENTION OF MONEY LAUNDERING BILL, 2001

SCRAP METAL ACT CHAPTER 503 LAWS OF KENYA

GOVERNMENT GAZETTE OF THE REPUBLIC OF NAMIBIA. WINDHOEK- 17 September 1998 CONTENTS

ENERGY EFFICIENCY ACT

South Australia SECOND-HAND DEALERS AND PAWNBROKERS ACT 1996

Enacted by the Parliament of the United Republic of Tanzania

The Department of Consumer Affairs Act

THE UNITED REPUBLIC OF TANZANIA THE FOREIGN VEHICLES TRANSIT CHARGES ACT CHAPTER 84 REVISED EDITION 2006

FOREIGN INVESTMENT ACT

CHAPTER PESTICIDES AND TOXIC CHEMICAL CONTROL ACT

Enacted by the Parliament of The Bahamas. 1. (1) This Act may be cited as the Registration of Short title Business Names Act, and commencement.

PISTOL LICENSE AND POLICE (AMENDMENT) ACT. Act No. 58, 1963.

PART I - PRELIMINARY. Authority means the Authority referred to in section 5; concessions means the concessions specified in the regulations;

The Government of The Bahamas - Home

NATIONAL AGENCY FOR FOOD AND DRUG ADMINISTRATION AND CONTROL ACT 1993 (AS AMENDED) Processed Food Registration Regulations 2005.

Explanatory Memorandum after pages 8 OBJECTS AND REASONS

Bee Industry Act CHAPTER 3 OF THE ACTS OF as amended by. 2008, c. 4, s. 3; 2012, c. 55

Family Dispute Resolution Act 2013

Commonwealth of the Bahamas Act No. 1 of 2002 MINIMUM WAGES ARRANGEMENT OF SECTIONS

CHAPTER Interpretation. THE PRAEDIAL LARCENY (PREVENTION) ACT. Arrangement of Sections Section PART I. 3. Declared areas.

Anonymity (Arrested Persons) Bill [HL]

U E R N T BERMUDA 1930 : 33 TABLE OF CONTENTS PART I - PRELIMINARY

PROTECTED AREAS AND PROTECTED PLACES ACT

POWERS AND PRIVILEGES (SENATE AND HOUSE OF ASSEMBLY) ARRANGEMENT OF SECTIONS

Export and Import Control Act, 1984

Government Gazette REPUBLIC OF SOUTH AFRICA

COUNTERFEIT CURRENCY (SPECIAL PROVISIONS) ACT

[DRAFT AMENDMENTS AS AT 24/10/17 ILLUSTRATIVE REGULATIONS FOR THE PURPOSES OF CONSULTATION ONLY] 2004 No HEALTH AND SAFETY

OFFICIAL GAZETTE THE BAHAMAS PUBLISHED BY AUTHORITY

A BILL. for. Enacted by the Parliament of the Bahamas. Short title. 1. This Act may be cited as the Anti-Terrorism Act, 2003.

Continental Shelf (Living Natural Resources) Act Act 1974, Chapter No. 210 PART I PRELIMINARY

No. of 2004 BILL FOR. AN ACT to make provision for the Administration of Small Estates. ENACTED by the Parliament of Antigua and Barbuda as follows

Chapter 22:05 EXCHANGE CONTROL ACT Acts 62/1964, 8/1967, 15/1970, 43/1975, 42/1977 (s. 3), 22/2001, 14/2002; R.G.N 1135/1975. ARRANGEMENT OF SECTIONS

PART III POWERS OF INVESTIGATION 11. Special powers of investigation. 12. Power to obtain information. 13. Powers of search, and to obtain assistance.

CHAPTER 59 GAMING. [30th June, 1890.] 1. This Ordinance may. be cited as the Gaming Ordinance.

by UPPC, Entebbe, by Order of the Government. Hire Purchase Act THE HIRE PURCHASE ACT, ARRANGEMENT OF SECTIONS. PART I PRELIMINARY.

ANATOMY ACT CAP [Rev. 2012] Anatomy CHAPTER 249. ARRANGEMENT OF SECTIONS Section. A14-3 [Issue 1]

[Date of Assent - 29 th December, 2000] Enacted by the Parliament of The Bahamas. PART I PRELIMINARY

The Litter Control Act

Transcription:

EXTRAORDINARY OFFICIAL GAZETTE THE BAHAMAS PUBLISHED BY AUTHORITY NASSAU 23 13 rdth August, October, 2011 2015 (B)

FALSE TRADE DESCRIPTIONS ACT, 2015 Arrangement of Sections Secfion 1. 2. 3. 4. 5 6. Shan title and commencement... 2 Inlerpretation...... _... _.... 2 Lawful apphcal1()il of Ira de descrlptlqns...... 3 Appl)'ing trade descriptions......... 3 Offences................... "... 4 I imitation of prosecution... "...,......... 4

No. 42 of 2015 FALSE TRADE DESCRIPTIONS ACT, 2015 AN ACT RELATING TO FALSE TRADE DESCRIPTIONS th October, 2015] Enacted by the Parliament of The Bahamas

(f) (g) the malenal of which any goods 3re composed; or any goods being the subject of an cxisting paten!, privilcge or copyrigh t., and any fi gure, word or mark \.,.hich according to the custom of the trade is commonly taken to be an indication of a patent, privilege or copyright. 3. Lawful application of trade descriptions. (I) A trade description is lawfully and generally applied to goods of a particular class or manufactured by a particular method, where it indicates the particular class or method of manufacture of such goods and in such case the provisions of thi s Act with respect to false trade descriptions shall not apply. (2) Wh ere - (n) a trade description includes the name of a place or country and is ca lculated to mislead as to the place or country where the goods to which it is applied were actually made or produced; and (b) the goods are not actually mnde or produced in that place or country, the name of the place or country in which the goods were actually made or produced, shall be added to the trade description immediately before or a ft er the name of the place or country. in an equal ly conspicuous manner. (3) The fact that a trdde description is a trade mark whether registered or not, or part of a trade mark, shall not prevent such trade description from being a fa lse trade description within the meaning of this Act. 4. Applying trade descriptions. (I) A person applies a trade description to goods ifhe- (a) (b) (c) (d) applies it to the goods themselves; applies it to any covering, label, recl, or other thing in or with which the goods arc sold or exposed or had in possession for any purpose of sale, trade or manuracture; places, encloses or "nnexes any goods which arc sold or cxposcd or hnd in possession for Blly purpose of sale, trade or manufacture in, with, or to any covering, labe l, recl or other thing to which a trade description has been applied; or IIses a trade description in ony manner ca lculated to lead to the belief that the goods In connection with which it is used are described by that trade description. (2) In the case of imported goods, the trade descri ption applied to such goods shall be that provided to customs at the time the goods are entered into the Customs territory. Page ~ 3

(3) For the purposes of this scction, "covering" includes any stopper, cork, bottle, vessel. box, cover, capsule, case, frame or wrapper; and the expression "label" includes any band or ticket. (4) A trade description shall be deemed to be applied whether it is woven, impressed or otherwise worked into, or annexed or afflxcd to the goods or to any covering, label, reel or other th ing. 5. Offences. (I) A person who - (a) with intent to defraud, applies any false trade description to goods or causes such a description to be so applied; or (b) sells or exposes for sale, or otherwise has in his possession for sale or for any other purpose any goods to whi ch any false trade description is applied, commits an offence. (2) Notwithstanding subsection (1), a person who satisfies the CO UIt that - (a) in the ordinary course of bis business he is employed to apply descriptions to goods and had no interest in the goods by way of profit or commission; (b) he look reasonable precautions against committing the offence; (c) hc had. at the limc of lhe commission of the alleged offence, no reason to suspect the genuineness oftlle trade description; and (d) he provided to the relevant authority all tbe information in bis possess ion with respect 10 the persons on whose behalf the trade descril?tion was applied, shall not be guilty of an offence under this Act. (3) A person wh o com mits an offence under th is Act shall be liable on summary conviction to - (a) a penalty not exceeding four hundred dollars and in the case of a second or subseq uent conviction to a penalty not exceed ing one th ousand dollars; and (b) forfeiture of all goods in respect of which the offence was committed. 6. limitation of prosecution. No prosecution for an offence against the provisions or this Pari shall be commenced after the expiration of three years from the date of the commiss ion of the offence. Page 4