Merchandise Marks Act, 1941 (Act No. 17 of 1941)17. Containers marked with owner's name not to be sold |
| (1) | Any person- |
| (a) | who buys or sells any container or closure therefor to which have been indelibly applied words in any official language of the Republic stating plainly that the container or closure is the property of a named person; or |
| (b) | who sells any goods contained in any such container without the consent in writing of the person so named, unless those goods are the property of or have been produced or manufactured by the person so named, |
shall be guilty of an offence.
| (2) | Subsection (1) shall not apply to any transaction whereby any such container or closure is sold- |
| (a) | by the manufacturer thereof to the person named thereon; or |
| (b) | with the whole of the business in connection with which it is used. |
[Section 17 substituted by section 13 of Act 38 of 1997.]