Merchandise Marks Act, 1931

Offences in relation to restriction on sale orders.

16.—(1) If any person acts in contravention of or fails to comply with any restriction on sale order for the time being in force he shall, subject to the provisions of this Act relating to statutory defences, be guilty of an offence under this Act and shall be punishable accordingly.

(2) If any person advertises or offers for sale as being goods of a particular brand or make or otherwise under a specific designation, whether by means of an illustration or by means of any written matter, any imported goods of a class to which a restriction on sale order for the time being in force applies he shall, if he does not include in the advertisement or offer an indication of origin in the form specified in such order, and subject to the provisions of this Act relating to statutory defences, be guilty of an offence under this Act and shall be punishable accordingly.

This sub-section shall not apply in the case of any advertisement, made issued or published before the date on which the said restriction on sale order came into force.