Section 86 in The Trade And Merchandise Marks Act, 1958
86. Exemption of certain persons employed in ordinary course of business.
- Where a person accused of an offence under sections 78 proves-(a)that in the ordinary course of his business he is employed on behalf of other persons to apply trade marks or trade descriptions, or, as the case may be, to make dies, blocks, machines, plates, or other instruments for making, or being used in making , trade marks; and(b)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 of such goods; and(c)that, having taken all reasonable precautions against committing the offence charged, he had, at the time if the commission of the alleged offence, no reason to suspect the genuineness of the trade mark or trade description; and(d)that, on demanded by or on behalf of the prosecutor, he gave all the information in his power with respect to the persons on whose behalf the trade mark or trade description was applied;he shall be acquitted.
