Costs of
before the Court,
44
Costs.
81. In all proceedings before the Court under this Ordinance proccedings the Court may award to any party such costs as it may consider reasonable and the costs of the Registrar shall be in the discre- tion of the Court, but the Registrar shall not be ordered to pay the costs of any other of the parties.
Registrar.
Costs of
82, Save as otherwise provided in this Ordinance, in all pruceedings hefore the proceedings before the Registrar, he shall have power to award to any party such costs as he may consider reasonable, and to direct how and by what parties they are to be paid, and any such order may, by leave of the Court or a judge thereof, be enforced in the same manner as a judgment or order of the Court to the same effect.
Mode of giving evidence.
Evidence of entries in
Hong Kong
or United Kingdom Register.
Evidence of Entries made or of things
Evidence.
83. (1) In any proceeding under this Ordinance before the Registrar, the evidence shall be given by statutory declaration in the absence of directions to the contrary, but, in any case in which he shall think it right to do so, he may take evidence viva Doce in lieu of or in addition to evidence by declaration. Any such statutory declaration may in the case of appeal be used before the Court in lieu of evidence by affidavit, but if so used shall have all the incidents and consequences of evidence by allidavit.
(2) In case any part of the evidence is taken viva voce, the Registrar shall, in respect of requiring the attendance of wit- nesses and taking evidence un path, be in the same position in all respects as a special referee appointed by the Court.
84. A printed or written copy of any entry in the register, purporting to be certified by the Registrar and sealed with his seal, or of any entry in the United Kingdom Register, purporting to be certified by the Comptroller-General of the United Kingdom Patent Office and sealed with the seal of the Patent Office, shall be admitted in evidence in all Courts, and in all proceedings, without further proof or production of the original.
86. A certificate purporting to be under the hand of the Registrar, or of the Comptroller-General of the United Kingdom Patent Ollice, as to any entry, matter or thing which he is
45
authorized to make or do, shall be prima facie evidence of the entry having been made, and of the contents thereof, and of the matter or thing having been done or not done.
done by Registrar, or Comp- troller- General
of U.K
Patent Office.
Offences, and restraint of use of Royal Arms. 86. If any person makes or causes to be made a false entry Falsifica- in the register, or a writing Falsely purporting to be a copy entry in the register, or produces or tenders or causes to be pro- in register. Juced or tendered in evidence any such writing, knowing the entry or writing to be false, he shall be guilty of a misdemeanor.
of an
tion of entrics
87. (1) Any person who makes a representation- (4) with respect to a murk not being a registered trade mark, ing a trade
to the effect that it is a registered trade mark; or
registered.
Falsely rapresent-
mark as
(b) with respect to a part of a registered trade mark not being a part separately registered as a trade mark, to the effect that it is so registered; or
(c) to the effect that a registered trade mark is registered in respect of any goods in respect of which it is not regis- tered; or
(d) to the effect that the registration of a trade mark gives an exclusive right to the use thereof in circumstances
any in which, having regard to limitations entered on the register, the registration does not give that right,
Shaff be able to a line of five hundred dollars.
(2) For the purposes of this section, the use in the Colony in relation to a trade mark of the word "registered", or of any word referring whether expressly or impliedly to registration, shall be deemed to import a reference to registration in the register, except-
(a) where that word is used in physical association with other words delineated in characters at least as large as those in which that word is delineated and indicating that the referençe is in registration as a trade mark under the law of a country outside the Colony, being a country under the law of which the registration referred to is in fact in force i