1964 Ed.] United Kingdom Designs (Protection).
[CAP. 44
1
CHAPTER 44.
UNITED KINGDOM DESIGNS (PROTECTION).
To protect the registered proprietor of any design registered in the United Kingdom.
[28th December, 1928.]
1. This Ordinance may be cited as the United Kingdom Designs (Protection) Ordinance.
2. Subject to the provisions of this Ordinance, the registered proprietor of any design registered in the United Kingdom under the Registered Designs Acts, 1949 to 1961, or any Act amending or substituted for those Acts shall enjoy in this Colony the like privileges and rights as though the certificate of registration in the United Kingdom had been issued with an extension to this Colony.
3. The registered proprietor of a design shall not be entitled to recover any damages in respect of any infringement of copyright in a design from any defendant who proves that at the date of the infringement he was not aware, nor had any reasonable means of making himself aware, of the existence of the registration of the design:
Provided that nothing in this section shall affect any proceedings for an injunction.
4. The court shall have power, upon the application of any person who alleges that his interests have been prejudicially affected, to declare that exclusive privileges and rights in a design have not been acquired in this Colony under the provisions of this Ordinance upon any of the grounds upon which the United Kingdom registration might be cancelled under the law for the time being in force in the United Kingdom. Such grounds shall be deemed to include the publication of the design in Hong Kong prior to the date of registration of the design in the United Kingdom.
(Amended, 15 of 1932, s. 2)
Originally
18 of 1928. (Cap. 44, 1950.)
15 of 1932. 33 of 1939.
Short title.
Rights in U.K. extended to Colony.
(12, 13 & 14 Geo. 6 c. 88.
7 & 8 Eliz. 2 c. 44.
9 & 10 Eliz. 2 c. 25).
Innocent infringer not liable in damages.
Grounds upon which court may declare that rights have not been acquired in this Colony.