(c) a trade description or statement published in any news paper, book or periodical or in any film
or sound or televised broadcast shall not be deemed to be a trade description applied or
statement made in the course of a trade or business unless it is or forms part of an
advertisement.
Making orders 3. (1) The Minister may by order require that any good specified in the order shall be marked with
or accompanied by any information (whether or not amounting to or including a trade
description) or instruction relation to the goods and, subject to the provisions of this Act, impose
requirements for securing that the goods are so marked or accompanied, and regulate or
prohibit the supply of goods with respect to which the requirements are not complied with; and
the requirements may extend to the form an manner in which the information or instruction is to
be given.
(2) Where an order under this section is in force with respect to goods of any description, any
person who, in the course of any trade or business, supplies or offers to supply goods of that
description in contravention of the order shall be guilty of an offence.
(3) An order under this section may make different provision for different circumstances and
may, in the case of goods supplied in circumstances where the information or instruction
required by the order would not be conveyed until after delivery, require the whole or part
thereof to be also displayed near the goods.
Information to 4. (1) The Minister may by order require that any description of advertisements of any goods
be given in specified in the order shall contain or refer to information (whether or not amounting or
advertisements including a trade description) relating to such goods and subject to the provisions of this Act
impose requirements as to the inclusion of that information or of an indication of the means by
which it may be obtained.
(2) An order under this section may specify the form and manner in which any such
information or indication is to be included in advertisements of any description and may make
different provision for different circumstances.
(3) Where an advertisement of any goods to be supplied in the course of any trade or business
fails to comply with any requirement imposed under this section, any person who publishes the
advertisement shall be guilty of an offence.
PART II‐ FALSE TRADE DESCRIPTIONS OR REPRESENTATIONS AND FORGED TRADEMARKS
Applying a trade 5. (1) A person applies a trade description or trade mark or mark to goods if he‐
description , (a) affixes or annexes it to or in any manner marks it on or incorporates it with‐
trade mark or (i) the goods themselves; or
mark to goods (ii) anything in, on or with which the goods are supplied;
(b) places the goods in, on or with anything which the trade description or trade mark or mark
has been affixed or annexed to, marked on or incorporated with, or places any such thing with
the goods;
(c ) uses the trade description or trade mark or mark in any manner likely to be taken as
referring to the goods; or
(d) makes in any affidavit, declaration or writing any statement to the effect that a trade
description or trade mark or mark is applicable to the goods.
(2) for the purpose of subsection (1) (c), an oral statement may amount to the use of a trade
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