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(1)Without prejudice to section 24 of the [1968 c. 29.] Trade Descriptions Act 1968 as applied by section 3 of this Act, where a person is charged with an offence under this Act it shall be a defence for him to prove—
(a)that the name or mark had not been applied by him and that he did not know, and could not, with reasonable diligence, have ascertained that the goods were manufactured or produced outside the United Kingdom; or
(b)that he did not know, and had no reason to believe, that the name or mark was, or was likely to be taken for, a United Kingdom name or mark.
(2)The definition of “ United Kingdom name or mark ” in section 1(6) of this Act shall apply for the purposes of this section with the omission of paragraph (b).
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