610478-1928-Supplementary-Draft-Bills--Liquors-Amendment-United-Kingdom-Designs-Protection- — Page 9

C.S.C. 5067/27.

- 906

Short title.

Rights in this Colony of registered

proprietor of design in United Kingdom.

Innocent infringer not liable in damages.

Injunction.

Grounds

upon which Court may declare that rights have not been acquired in this Colony.

[No. 32:-28.11.28.-1.]

A BILL

INTITULED

An Ordinance to protect the registered propri- etor of any design registered in the United Kingdom.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

*

1. This Ordinance may be cited as the United King- dom Designs (Protection) Ordinance, 1928.

2. Subject to the provisions of this Ordinance, the registered proprietor of any design registered in the United Kingdom under the Patents and Designs Acts 1907 and 1919 or any Act amending or substituted for those Acts shall enjoy in this Colony the like privileges and rights as though the certificate of registration in the United Kingdom had been issued with an extension to this Colony.

3. The registered proprietor of a design shall not be entitled to recover any damages in respect of any infringement of copyright in a design from any defen- dant who proves that at the date of the infringement he was not aware nor had any reasonable means of making himself aware of the existence of the registra- tion of the design.

Provided that nothing in this section shall affect any proceedings for an injunction.

4. The court shall have power, upon the application of any person who alleges that his interests have been prejudicially affected, to declare that exclusive privi- leges and rights in a design have not been acquired in this Colony under the provisions of this Ordinance upon any of the grounds upon which the United King- dom registration might be cancelled under the law for the time being in force in the United Kingdom.

Objects and Reasons

1. This Ordinance is one of three alternative drafts of Ordinances, which have been suggested for adoption in this Colony by the Right Honourable the Secretary of State for the Colonies, and is the one of the three forms of suggested Ordinances which has been approved by the Hong Kong General Chamber of Commerce.

2. The object of this Ordinance, as appears from section 2 thereof, is to ensure to the registered propri- etor of any design registered in the United Kingdom under the Patents and Designs Acts 1907, and 1919. or any Act amending or substituted for those Acts, the like privileges and rights as though the certificate of registration in the United Kingdoin has been issued with an extension to this Colony.

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