Let.TMOrd
AB
but stress that the important thing is ensure that the way they are described is consistent with the way the other countries are described.
5.
We agree that the "Soviet Union" and "Czechoslovakia" should be deleted.
6. The question of how to deal with the listing of "Yugoslavia" is, as you appreciate, not a straight forward one. The former Socialist Federal Republic of Yugoslavia (SFRY) no longer exists, but we have not recognised the Federal Republic of Yugoslavia (FRY) as a state. No doubt the the government of the "FRY" (ie Serbia and Montenegro) regard their country as still a party to the Paris Convention for the Protection of Industrial Property 1883. As a matter of policy the Department of Trade and Industry would like to continue to apply the Convention to that territory so that trade mark applications made there will have the benefit of the priority accorded by the Convention. Our legal advisers feel that the best solution is to leave "Yugoslavia" in the list as it is for the time being while the position is still unclear. This conclusion was also the one reached by the Department of Trade and Industry when they made their recent Order.
7.
The disadvantage of leaving the reference to "Yugoslavia" unamended is that it leaves ambiguous how much of the territory of the former SFRY is covered. Since Croatia and Slovenia are to be listed as separate countries, they will obviously not be covered by the reference to "Yugoslavia". It may well be that the term would be interpreted as covering only Serbia and Montenegro, in which case a gap will have been created in relation to Bosnia-Herzogovena and Macedonia. However, for all practical purposes we think it should be possible to live with this until the position becomes clearer.
Your ever
John home
J C Morris
HONG KONG DEPARTMENT
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