1977-HKRS28-16-25_Part03 — Page 37

Schedule.

2

(6) where more than one such application for protec

tion has been made, from the date of the first application,

(3) Nothing in subsection (1) shall entitle the proprietor of a trade mark to recover damages for any infringement happening prior to the actual date on which his trade mark is registered under this Ordinance.

(4) An application for the registration of a trade mark under this section shall, subject to such further requirements as may be prescribed-

(a) be made in the same manner as an ordinary applica-

tion under this Ordinance; and

(b) specify-

(i) the Convention country in which the applica tion for protection, or the first such application, was made; and

(i) the date on which such application for protec- tion was made.

(5) Where a person has applied for protection for any trade mark by an application which-

(a) in accordance with the terms of

treaty subsisting between any two or more Convention countries, is equivalent to an application duly made in any one of those Convention countries; or

(8) în accordance with the law of any Convention country, is equivalent to an application duly made in that Convention country,

he shall be deemed for the purposes of this section to have applied in that Convention country,

(6) In this section "Convention country" means- (a) the United Kingdom;

(3) any country (including any colony, prolectorate or territory subject to the authority or under the suzerainty of another country, or territory ad- ministered by another country) for the time being specified in the Schedule,

(7) The Governor may by order published in the Gazette

(a) add to the Schedule-

(1) the name of any country which has acceded to the Paris Convention for the Protection of Industrial Property 1883, as revised at Brussels in 1900, at Washington in 1911, at the Hague in 1925, at London in 1934, at Lisbon in 1958 and at Stockholm in 1967, and as the same may be revised from time to time;

(ii) the name of any colony, protectorate or territory subject to the authority or under the suzerainty of another country (other than the

United Kingdom), or territory administered by another country (other than the United Kingdom), on behalf of which such other country has acceded to the said Convention;

(b) delete from the Schedule the game of any country which has denounced the said Convention, or the name of any colony, protectorate or territory on behalf of which the said Convention bas been denounced;

(c) otherwise amend the Schedule.”.

3 Section 1701) of the principal Ordinance is amended- (a) by deleting the full stop and substituting a colon; and (6) by inserting the following new proviso-

4.

*. 142 Gen. G

c. 33.

B. 19121

Provided that, in relation to the date as of which a trade mark shall be registered and to the date to be deemed the date of registration, this subsection shall, as respects an application to which section 13A applies, have effect subject to that section.”.

The principal Ordinance is amended by adding after section 91 the following new Schedule-

“SCHEDULE

[a. 11A]

LIST OF COUNTRIES (2XCLUDING THE UNITed Kingdom) ADHERING TO The Paria Convention for THE PROTECTION OF Industrial PROPERTY 1883, AS REVISED FROM TIME TO TIME

France (including the Departments

Algeria Argentine Australia fincluding Papua New

Guinea, Norfolk Island, Nauru)

Austria. Bahamas Belgium Brazil Bulgaria

Cameroon

Canada

of Guadeloupe, Guiana, Martinique and Reunion and Overseas Territories)

Gabon Germany (Democratic Republic) Germany (Federal Republic)

Greece

Haiti

Holy See

Hungary

Iceland

Central African Republic

Indonesia

Chad

Iran

Congo (People's Republic)

Iraq

Cuba

Irish Republic

Cyprus

Israel

Czechoslovakia

Ilaty

Ivory Coast

Тарао

Jordan

Dahomey

Denmark (including the Faroe

Islands)

Dominican Republic

Egypt

Finland

Kenya

Lebanon Liechtenstein

Andendment of vectigo 17.

Addition of new Schedule.