August 6, 1898.]
06 to
CHINA OVERLAND TRADE REPORT.
THE REGISTRATION OF TRADE MARKS. son why a similar rule should not obtain here. I The ATTORNEY-GENERAL-I beg to move am afraid that, owing to the absence of such the second reading of the Bill entitled an rule, applications have occasionally been made to Ordinance to amend the Law relating to the register trade marks in respect of goods as to Registration of Trade Marks. As I have which the marks never have been used, nor are prepared a short memorandum upon this Trade likely to be used by the applicant forthwith. I Mark Bill, if I read that and make one or two suspect this has been done, occasionally, with further remarks it will save the time of the a view to prevent others from using similar Council. The Council will then be in pos- marks in respect of goods or classes of goods in session of the necessary information
which they deal, but which are really why this Bill is brought forward. Before not dealt in by the applicants at all. doing so I will point out that the Trade Mark In a recent trade mark case-John Batt Rules do not form any part of the Bill. and Company--Mr. Justice Romer expressed The rules to be made by the Governor in Council his disapproval of the system of registering have been published in the Gazette for the infor- | trade marks broadcast and for articles in mation of the public and the people interested so
respect of which they were really never used. that people will see what the proposed rules are and He pointed out the unfairness of this proceed have the opportunity of making any suggestions. ing to others. An application was sent to me But it will not be necessary to-day to take up recently by one firm for the registration of some your time by going into these rules because they 78 trade marks, each for some 38 classes of goods. are not before the consideration of the Council. | and seeing that every kind of merchandise is I may point out that the registration of trudo included in 50 classes it is strange that so large marks in this colony while it entailed but lit. a number by trade marks would be wanted to tle trouble 20 years ago has become a much more be used for two-thirds of the goods in existence. arduons business of late. The number of ap It is very necessary. too, that an applicant plications for trade marks has vastly in- should state, to the best of his belief, whether creased, and it has become absolutely the mark he desires to have registered locally necessary that some proper Ordinance should has been registered previously in England. I be passed and some
rules made. should not be surprised to learn that, in the Since the Ordinance to provide for the Re- absence of such requirement, some few marks gistration of Trade Marks (No. 16 of 1873; registered in A's name in England or marks was passed, a considerable development has closely resembling them have been registered occurred in the demand for registration not in B's name in Hongkong, without A's know- only in England but in Hongkong. The Mer-ledge or consent. All such practices should be chandise Marks Ordinance 1863, referred to in discouraged, and I trust the new Ordinance the Ordinance of 1873, has been replaced by and rules will put matters on a more satis The Merchandise Marks Ordinance, 1890. factory basis. I apologise for having oc- Moreover, The Patents, Designs, and Trade cupied your time at such length. I may say Mark Acts, 1883 and 1888, and the Rules I have devoted a great deal of time and con- thereunder have considerably modified the sideration over this Bill. I have approached English practice, while the local Ordinance of the subject with some diffidence, because it 1873, as amended by Ordinance 20 of 1895, is is an exceedingly difficult matter. I have done my best in this matter, I can only say that. I asked for suggestions and have duly considered the suggestions made. So far as I am aware I think the Bill will work in a thorough ly satisfactory way. Of course the Attorney- General is the man who has most to do with these applications. They are all sent to him to report upon. I have endeavoured to assimilate our practice with the English practice, haring had some correspondence with the Comptroller General in England, who has kindly forwarded to me the latest English Rules.
proper
The ACTING COLONIAL SECRETARY seconded. Carried.
The Bill passed through the committee stage.
AMENDING THE CATTLE DISEASES, ETC., ORDINANCE,
very imperfect. It coutains no definition of a trade mark, provides no forms, and makes no provision for the classification of goods. the assignment and transmission of trade marks, the removal of trade marks after 14 years re. gistration in default of extended registration upon payment of an additional fee, and s me other matters duly provided for in Eugland. Patents are not granted in this colony unless they have been previously granted in England, (see Ordinance 2 of 1892), but, although a similar provision, requiring the registration of a trade mark in England before registration in the colony would prevent some abuses, such re- quirement is not feasible in Hongkong, because many applicants desire the registration, here, of trade marks used only locally and many of such applicants are foreigners. It is the practice in this colony for the Colonial Secre- The ATTORNEY-GENERAL-I beg to move the tary to refer every application to the Attorney-second reading of the Bill entitled an Ordinance General, who used, until my appointment, to to further amend the Cattle Disease, Slaughter- receive a fee of $25 for his report. This fee houses, and Markets Ordinance, 1887. It was was abolished 'some years ago, and, as the considered that in a recent case of rinderpest number of applications has greatly increased the coolies who had been in contact with the during the last few years, a considerable amount affected cattle might communicate the disease of gratuitous extra work has been thrown upon and thus be a source of danger. It was thought the Attorney General, while the task of the that the Sanitary Board should have power to clerk in the Colonial Secretary's Office of prevent persons of this kind going on to other searching the register to see whether similar premises, without due precautions. marks have been already registered, is daily increasing as the register grows in bulk. At present, many marks are submitted for re- gistration which are not trade marks, according to the English definition, at all; and in the absence, under the 1873 Ordinance, of any definition, the Attorney General has en- deavoured to follow the English practice in The ATTORNEY-GENERAL-I beg to propose deciding whether a trade mark should be.
the second reading of the Bill entitled an Or- allowed registration and has often been obliged dinance to further Amend the Building Ordin- to apply for the "essential particulars
ance, 1889. The latter Ordinance enacted that "disclaimer of added matter. Questions, private house drains should be connected with which are easily answered by the Comptroller the Government main sewer ou permission be- in England aided by a competent staff, occasion-ing obtained from the Surveyor-General. It ally require much consideration by the Attorney General in this colony who has, practically, no assistance whatever, while the absence of any rules makes his task more difficult. I have accordingly drafted a fresh Ordinance and a set of rules which will, 1 trust, prore of use to those interested in these matters. The alterations in the new Ordinance and the new rules are based on the English practice with some local modifications. In England, applica. tions for the registration of the same mark in different classes of goods are treated as separate and distinct applications, and I see no valid rea-
and a
The ACTING COLONIAL SECRETARY seconded. Carried.
The Bill having been considered in committee, it was read a third time on the motion of the AT- TORNEY-GENERAL, seconded by the ACTING COLONIAL SECRETARY.
AMENDING THE BUILD. NO ORDINANCE.
|
was soon found that this was an unsatisfactory way of doing the work that it ought to be done by the Directer of Public Works who has charge of the sewers, and not by a private owner. Mr. Chadwick reported upon it once, and as the result it was decided to be au un- satisfactory way of dealing with the matter. The Executive Council met with the result that it was intimated that further permits would not be granted to private individuals (see Govern- ment Notification, No. 369 of 1890, in the Gazette of 6th September, 1890), but that such connec- tions were only to be made after application to a
117
resident engineer. The law has been one thing and the practice another. This Bill is to make the law and the practice agree.
The ACTING COLONIAL SECRETARY se- conded.
Carried.
The Bill was considered in committee, and on the motion of the ATTorney-GenerÁL, seconded by the ACTING COLONIAL SECRETARY, read a third time and passed.
THE FINANCES OF THE COLONY FOR THE YEAR 1897.
The ACTING COLONIAL TREASURER-I beg to move the second reading of the Bill entitled an Ordinance to authoritise the appropriation of a supplementary sum of three hundred and sixty-eight thousand, eight hundred and sixty-nine dollars aud ninety-three cents, to defray the charges of the year 1897. If required a full explanation of the varions items will be given when the Bill has been re- ferred to the Finance Committee, but in the meantime it may not be inappropriate for me to make a few remarks on the finances of the colouy for the year 1897. The total amount now to be provided is, as will be observed, over $368,000, although the actual excess of expendi- ture over the estimate was only $194,000. This apparent discrepancy is accounted for by the fact that a large number of public works were undertaken during the year which bad not been foreseen when the estimates were pre- pared. In a comparison with the results of the previous year 1896, I may mention that the increase in expenditure amounted to $166,000, exclusive of that in respect of loan works. The amount is accounted for largely by the non-recurring expenditure in connection with the Jubilee, which took more than $116,000, whilst payments on account of the loan, pen- sions, Post Office, and miscellaneous services were all increased od account of exchange, along with other canses. The revenue, how. ever, at the same time increased by $77,000, and on the year's working there was after all a surplus of $15,000. The chief increases under revenue were-taxes $26,000, stamps $36,000, Post Office $23,000, signatures (chiefly on ac- count of certificates issued to Chinese going to the United States) $13,000, water account and Crown rents $45,000 between them. The virtual surplus of assets at the end of the year was over $85,000, which, with $250,000 of loan money unexpended made a sum of $335,000 in hand for Government purposes. When it is considered that the colony in the course of the last four years paid away over one million on account of works before that time ntterly unforeseen, and that too without any external aid, I think its financial condition at the close of last year is a matter of congratulation.
The ACTING COLONIAL SECRETARY seconded. Carried.
On the motion of the ACTING COLONIAL TREASURER, seconded by the ACTING COLONIAL SECRETARY, the Bill was referred to the Finance Committee.
KELLET ISLAND.
The ATTORNEY-GENERAL-I have to move the second reading of the Bill entitled Kellet Island Ordinance, 1898.
The ACTING COLONIAL SECRETARY SEDónded. Carried.
The Bill having been considered in Com- mittee and an alteration made on the suggestion of the Harbour Master, the bill was read a third time and passed ☛☛
THE LAW AS TO LIQUOR LICENSES. The ATTORNEY-GENERAL-The next item on the order of the day is the second reading of the Bill entitled an Ordinance to amend and consolidate the law relating to Intoxicating Liquor Licenses. I trust with your Excellency's consent to bring this on at a future meeting. I understand that my learned friend Mr. Francis will be able to make some improvements, and glad to give b.un the opportunity of suggesting as he is on the Liquor Commission I shall be alterations if the suggested alterations are made within a reasonable time. This matter has been hanging fire a long time. The Bill solves a great many difficulties which have cropped up Bill is not a very artistic production, my en- in actual practice, and although I admit the
deavour has been to preserve as many sections of the old Bill as have served well in practice and which people have got accustomed to, and only