CO129-359 - Governor Sir Lugard - 1909 [12] — Page 127

): 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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