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48 1931

MERCHANDISE MARKS ACT, 1931

PART V.

False Representation in Connection with Goods not Produced or Manufactured in Saorstat Eireann.

False representation in connection with goods not produced or manufactured in Saorstát Eireann.

21. —(1) Every person who in connection with or for the purposes of the sale retail or wholesale of any goods not produced or manufactured in Saorstát Eireann makes any representation which is false in any material respect that such goods were produced or manufactured in Saorstát Eireann shall, unless he proves that he acted without intent to defraud, be guilty of an offence under this Act and shall be punishable accordingly.

(2) In this section the word “representation” when used in relation to goods means any representation, direct or indirect, and whether verbal or in writing, and if in writing, whether used in any advertisement, or in any catalogue, bill-head or other document relating to the goods or implied in the use of any trade name or style.

(3) Nothing in this section shall be construed as limiting the operation of paragraph (d) of sub-section (1) of section 2 of the Principal Act.

(4) The provisions of this Act relating to statutory defences shall not apply in the case of an act which is, by virtue of this section, an offence under this Act.