): P
section 37.
122
Section 43 is slightly different from section 42 of the
English Act. The effect of the section is that the owner of an
unregistered trade mark can apply for an injunction but cannot
sue for damages.
This form of section was suggested by the Hongkong Chamber of
Commerce, and was considered desirable in order that the proprie-
tor of an unregistered mark might not be debarred from taking
immediate proceedings to prevent the piracy of his murk pending
an application under section 42 for the removal of the pirate mark
from the Register. If such proceedings were not allowed in
Hongkong irreparable damage might be inflicted by the pirate
before the removal of the offending mark under section 42.
On the other hand it was considered reasonable that no damages
should he recoverable for the piracy of an unregistered mark.
It is considered that the provisions of sections 21, 42
and 43 will operate favourably in the direction of international
commercial honesty, and will prove acceptable not only to British
manufacturers but alsc to foreign manufacturers, and will conse-
quently facilitate the negotiation of any convention for the
mutual protection of the manufacturers' exports of each country.
Infayel and
Attorney General.
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