FRIDAY, MARCH 8, 1991
12
BILL TO EXPAND HK'S TRADE MARK LAWS
HONG KONG INTENDS TO EXPAND ITS TRADE MARK LAW TO PROVIDE FOR THE PROTECTION OF TRADE MARKS USED IN CONNECTION WITH SERVICES, THE DIRECTOR OF INTELLECTUAL PROPERTY, MISS ALICE ΤΑΙ, SAID TODAY
(FRIDAY).
DETAILS OF THE PROPOSED CHANGES WERE CONTAINED IN THE TRADE MARKS (AMENDMENT) BILL 1991 PUBLISHED IN THE GAZETTE TODAY.
MISS TAI SAID HONG KONG HAD LONG HAD A SYSTEM FOR THE REGISTRATION OF TRADE MARKS USED ON GOODS.
HOWEVER, SHE SAID, THERE HAD BEEN A WORLD-WIDE TREND TOWARDS PROVIDING SIMILAR PROTECTION FOR TRADE MARKS USED IN CONNECTION WITH SERVICES.
THIS TREND HAD BEEN GIVEN ADDED IMPETUS BY DISCUSSIONS HELD IN GENEVA IN CONNECTION WITH THE URUGUAY ROUND TALKS UNDER THE GENERAL AGREEMENT ON TARIFFS AND TRADE (GATT) WHICH WOULD OBLIGE THE GATT MEMBERS TO INTRODUCE PROTECTION FOR SERVICE MARKS.
MISS TAI SAID THE SYSTEM FOR THE REGISTRATION AND PROTECTION OF TRADE MARKS FOR GOODS WAS WELL. ESTABLISHED AND HELPED TO PREVENT THE SALE OF COUNTERFEIT GOODS.
"TRADERS IN GOODS INVEST HEAVILY IN PROMOTING TRADE MARKS SUCH AS BRAND NAMES AND LOGOS, BECAUSE MODERN MARKETING TECHNIQUES RELY ON THE ABILITY OF CONSUMERS TO IDENTIFY TRADE MARKS ASSOCIATED WITH
THOSE GOODS, SHE SAID.
"TRADERS IN GOODS FEEL CONFIDENT INVESTING IN THE PROMOTION OF THEIR MARKS IN HONG KONG, BECAUSE THERE IS AN EFFECTIVE REGISTRATION AND ENFORCEMENT SYSTEM HERE, SHE SAID.
"
HOWEVER, THE ADVANTAGES OF REGISTRATION ENJOYED BY OWNERS OF TRADE MARKS IN GOODS HAD NOT BEEN SHARED BY THOSE IN THE SERVICES SECTOR.
THOSE IN THIS SECTOR OFTEN HAD TO RESORT то THE COMMON LAW PASSING OFF ACTION TO PROTECT THEIR REPUTATION IN A MARK.
THIS PROCEDURE WAS MUCH MORE DIFFICULT AND EXPENSIVE THAN TAKING ACTION TO PROTECT A REGISTERED MARK, SHE SAID.
IN ADDITION THE LATEST STATISTICS AVAILABLE TO THE GOVERNMENT INDICATED THAT THE SERVICES SECTOR CONTRIBUTED ALMOST 67 PER CENT OF HONG KONG'S GROSS DOMESTIC PRODUCT (GDP) AND PROVIDED ABOUT 54 PER CENT OF ALL EMPLOYMENT IN HONG KONG.
MAJOR SERVICES, SUCH AS SHIPPING, BANKING, INSURANCE, TOURISM, TRANSPORT AND TELECOMMUNICATIONS, HAD RECENTLY GROWN STRONGLY.
/THESE INDUSTRIES,