610583-1928-Supplementary-Bills-read-a-first-time--Larceny-Amendment-Magistrates-Amendment-Carriage-of-Goods-by-Sea-United-Kingdom-Designs-Protection--Public-Health-and-Buildings-Amendment-Pharmacy-and-poisons-Amendment — Page 12

C.S.O. 5067/27.

955

A BILL

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

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- Short title. dom Designs (Protection) Ordinance, 1928.

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

Taited

3. The registered proprietor of a design shall not be Innocent entitled to recover any damages in respect of any infringer infringement of copyright in a design from any defen- not liable dant who proves that at the date of the infringement in damages. 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 Injunction. proceedings for an injunction.

rights have

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