7
WEDNESDAY, MARCH 13, 1991
BILL TO EXTEND TRADE MARKS REGISTRATION TO SERVICES
*
THE TRADE MARKS (AMENDMENT) BILL 1991 SEEKS TO EXISTING SYSTEM OF REGISTRATION OF TRADE MARKS TO, COVER
SERVICES, ΤΟ RELATING
THE FINANCIAL SECRETARY, THE JACOBS SAID IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).
EXTEND
THE
TRADE
MARKS
PIERS
HON SIR
MOVING THE SECOND READING OF THE BILL, SIR PIERS MARKS FOR SERVICES WERE NOW OF JUST AS MUCH IMPORTANCE AS GOODS.
SAID
TRADE
THOSE FOR
"HONG KONG SO FAR HAS NOT HAD A COMPREHENSIVE PROTECTION, AND THIS IS A GAP THAT NOW NEEDS TO BE FILLED.
SYSTEM
OF
WAY "AT PRESENT, PROTECTION IN RELATION TO SERVICE MARKS IS BY
HARDER, SLOWER OF COMMON LAW ACTION OF PASSING OFF, WHICH IS A MUCH AND MORE EXPENSIVE PROCESS," HE SAID.
IN
MAJOR
THE FINANCIAL SECRETARY SAID WITH THE RECENT GROWTH SERVICE SECTORS, WHICH NOW ACCOUNTED FOR OVER 60 PER CENT OF THE GROSS DOMESTIC PRODUCT AND
IT WAS MORE THAN HALF OF THE EMPLOYMENT, IMPORTANT FOR SERVICE INDUSTRIES, ESPECIALLY THOSE OPERATING BASIS, TO BE ABLE TO REGISTER AND PROTECT THEIR
ON A MARKS
GLOBAL WORLDWIDE.
"FOR OUR OWN BENEFIT AND TO KEEP PACE WITH THE
HE ADDED. TREND, IT IS NECESSARY TO HAVE SUCH A SYSTEM,
INTERNATIONAL
HE SAID THE EXPLANATORY MEMORANDUM TO THE TRADE
OF 1991 SET OUT IN DETAIL THE INTENT (AMENDMENT) BILL
THE
PROVISIONS.
MARK9
VARIOUS
IF THIS BILL WAS PASSED, THE GOVERNMENT DID NOT INTEND TO BRING THE ORDINANCE INTO EFFECT UNTIL THE FIRST QUARTER OF 1992, HE SAID.
"THIS
AFFORD WILL
TRADERS AND THE LEGAL
AMPLE PROFESSION то ACQUAINT THEMSELVES WITH THE NEW PROVISION, AND TO OPPORTUNITY
ΤΟ ALLOW SOME LEAD TIME FOR GOVERNMENT TO RECRUIT AND TRAIN STAFF AND EXPAND THE EXISTING COMPUTER SYSTEM IN THE TRADE MARKS REGISTRY.
"TO AVOID AN INFLUX OF APPLICATIONS ON THE COMMENCEMENT OF THIS ABOUT LEGISLATION, WE PROPOSE TO INVITE APPLICATIONS FOR REGISTRATION
MONTHS BEFORE THE COMMENCEMENT DATE," HE ADDED.
FOUR
UNDER THE REGISTRATION WAS
SYSTEM TRADE MARKS ORDINANCE, SIR PIERS SAID A
GOODS. PROVIDED FOR TRADE MARKS IN RELATION TO
OF
TRADE
WAS
REGISTERED
AND
TO
REGISTRATION GAVE THE OWNER THE EXCLUSIVE RIGHT TO USE A MARK IN RESPECT OF THE GOODS FOR WHICH IT PROTECT HIS MARK AGAINST INFRINGEMENT.
IT ALSO GAVE THE PUBLIC CONFIDENCE THAT GOODS SOLD IN HONG KONG UNDER A PARTICULAR MARK DID INDEED EMANATE FROM THE PROPRIETOR OF THE MARK, HE SAID.
/"IN FACT