XN000022-1980-06-25 — Page 27

WEDNESDAY, JUNE 25, 1980

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IN ADDITION, THE DEFINITION OF TRADE DESCRIPTIONS HAS BEEN EXTENDED TO OPERATE IN TWO AREAS, ADVERTISEMENTS AND MARKING ORDERS.

ON TRADE MARKS, MR JEAFFRESON SAID THE BILL RESTATED THE EXISTING LAW RELATING TO THE FORGERY OF TRADE MARKS AND THE APPLICATION OF FORGED TRADE MARKS ON GOODS.

+THE MOST SIGNIFICANT CHANGE IS THAT THE BILL OMITS THE REQUIREMENT FOR COMPLAINANTS TO PROVIDE A SECURITY AGAINST COSTS INCURRED BY THE GOVERNMENT AS A PRE-REQUISITE TO OFFICIAL PROSECUTION.

+THIS IS BECAUSE, AS TRADE MARK OFFENCES ARE BASICALLY INVASIONS OF PRIVATE RIGHTS, CIVIL ACTION PROVIDES A MORE SUITABLE AND EQUITABLE METHOD OF DEALING WITH INFRINGEMENT, HE SAID.

MR JEAFFRESON NOTED THAT CRIMINAL PROSECUTIONS WILL NOW ONLY BE INSTITUTED IN TWO MAIN TYPES OF CASES. FIRST, WHERE THE TRADE MARKS ENJOY WORLD WIDE RECOGNITION AND THE TOLERATION OF THEIR INFRINGEMENT WILL BE DETRIMENTAL TO HONG KONG'S REPUTATION AS A TRADING AND SHOPPING CENTRE. SECOND, WHERE THE TRADE MARK INFRINGEMENTS ARE DETRIMENTAL TO THE INTERESTS OF CONSUMERS IN HONG KONG WHO COULD NOT OTHERWISE BE EXPECTED TO PROTECT THEMSELVES IN THE CIRCUMSTANCES.

MR JEAFFRESON SAID THE BILL DIFFERED FROM ITS UK COUNTERPART IN ONE SIGNIFICANT ASPECT, IN THAT IT MAKES NO PROVISIONS FOR THE PROHIBITION OF MISDESCRIPTION IN RESPECT OF PRICES, SERVICES, ACCOMMODATION AND FACILITIES, DUE TO DIFFICULTIES IN ENFORCING APPROPRIATE PROVISIONS THEY ARE NOT INCLUDED IN THE BILL FOR THE TIME BEING. BUT THE ISSUE WOULD BE RECONSIDERED IN THE LIGHT OF EXPERIENCE IN ENFORCING THE NEW LEGISLATION.

ENFORCEMENT OF THE AMENDING LEGISLATION WILL REST WITH THE TRADE, INDUSTRY AND CUSTOMS DEPARTMENT. THE PENALTIES INVOLVED HAVE BEEN RAISED FROM THE PRESENT LEVELS IN THE MERCHANDISE MARKS ORDINANCE TO A FINE OF $100 000 AND IMPRISONMENT FOR TWO YEARS UPON SUMMARY CONVICTION AND A FINE OF $500 000 AND IMPRISONMENT FOR FIVE YEARS UPON CONVICTION ON INDICTMENT.

DEBATE ON THE BILL WAS ADJOURNED.

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