Section 24
Unintentional Contravention
Where a person is accused under section 7 of using a false trade mark or property mark by reason of his having applied a mark to any goods, property or receptacle in the manner mentioned in section 5 or 6, as the case may be, or under section 20 of applying to, or causing to be applied to, goods any false trade description, or under section 11 of making any die, plate or other instrument for the purpose of counterfeiting a trade mark, or property mark, and proves that-
(a)
in the ordinary course of his business he is employed, on behalf of other persons, to apply trade marks or property marks, or trade descrip-
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Merchandise Marks tions, or as the case may be, to make dies, plates or instruments for making or being used in making trade marks or property marks, and that in the case which is the subject of the charge he was so employed by some person resident in Brunei and was not interested in the goods or other thing by way of profit or commission dependent on the sale thereof;
(b)
he took reasonable precaution against com-mitting the offence charge;
(c)
he had, at the time of the commission of the alleged offence, no reason to ~spect the genuine-ness of the mark or description; and
(d)
he gave to the prosecutor all the informa-tion in his power with respect to the persons on whose behalf the mark or description was applied;
he shall be discharged from the prosecution, but shall be liable to pay the costs incurred by the prosecutor, unless he has given due notice to him that he will rely on the above defence.
PARTY