I move amendments 6 and 7:—
6. In page 10, Section 20 (1), to insert before paragraph (c) a new paragraph as follows:—
(c) a name so closely resembling the name of a manufacturer, trader, or dealer in Saorstát Eireann as to be calculated to deceive; or.
7. In page 10, Section 20 (1), to delete lines 3, 4, 5 and 6, and substitute the following: "unless such name, trade mark, mark, emblem, or device is accompanied, in a manner not less conspicuous than the manner in which such name, trade mark, mark, emblem, or device is so applied, by a definite indication of origin of the country in which such goods were produced or manufactured."
These amendments deal with the section which was the subject of most debate on Committee Stage. I promised to look into the points dealt with in the second amendment, and, on reconsideration, the point which we deal with in the first amendment occurred to us. It seemed, from reading the section as drafted, that there was a gap—the case in which there would be applied a name so closely resembling the name of a manufacturer, trader or dealer in Saorstát Eireann as to be calculated to deceive. We thought it better to put in, in addition to "the name of a manufacturer, trader or dealer in Saorstát Eireann,""a name so closely resembling the name of the manufacturer, trader or dealer...." We blocked up two loopholes in that portion of the section. The point was raised also that there might be considerable difficulty in determining, and that legal decision might be necessary to determine the precise meaning of the words "bear in a conspicuous manner at the time of such sale or exposing for sale or distribution a definite indication of the country...." At one time I evolved the suggestion of having the questions of "conspicuous manner" and "definite indication" referred to the Merchandise Marks Commission, but as the whole force of this section depends on its operating automatically, without appeal to the Merchandise Marks Commission, I came to the conclusion that by going back on that I would be weakening the section. I endeavoured to strengthen it by striking out these three lines and putting in the words in the amendment. The phrases have been strengthened somewhat. Otherwise I am prepared to leave Section 20 as it stands.