1950_MERCHANDISE_MARKS_ORDINANCE — Page 9

HK Historical Laws 香港歷史法例 All AI Reviewed

Merchandise Marks.

is, upon representations made to him, satisfied that the use of the name or trade mark is fraudulent, the Director of Commerce and Industry may also require the importer of the goods, or his agent, to produce any documents in his possession relating to the goods and to furnish information as to the name and address of the person by whom the goods were consigned to the Colony and the name and address of the person to whom the goods were sent in the Colony; and, if the importer or his agent fails within fourteen days to comply with any such requirement, he shall on summary conviction be liable to a fine of one thousand dollars;

(ii) any information obtained from the importer of the goods or his agent under sub-paragraph (i), or from any other source may be communicated by the Director of Commerce and Industry to any person whose name or trade mark is alleged to have been used or infringed;

(d) it shall be lawful for the Governor in Council to make regulations, either general or special, respecting the detention and forfeiture of goods the importation of which is prohibited by this section, and the conditions, if any, to be fulfilled before such detention and forfeiture, and may by such regulations determine the information, notices, and security to be given, and the evidence requisite for any of the purposes of this section, and the mode of verification of such evidence;

(e) where there is on any goods a name which is identical with or a colourable imitation of the name of a place in the United Kingdom, that name, unless accompanied by the name of the country in which such place is situate, shall be treated for the purposes of this section as if it were the name of a place in the United Kingdom;

(f) the regulations may apply to all goods the importation of which is prohibited by this section, or different regulations may be made respecting different classes of such goods or of offences in relation to such goods;

(g) the regulations may provide for the informant reimbursing the Director of Commerce and Industry all

339

[CAP. 41

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3 Merchandise Marks. is, upon representations made to him, satisfied that the use of the name or trade mark is fraudulent, the Director of Commerce and Industry may also require the importer of the goods, or his agent, to produce any documents in his possession relating to the goods and to furnish information as to the name and address of the person by whom the goods were consigned to the Colony and the name and address of the person to whom the goods were sent in the Colony; and, if the importer or his agent fails within fourteen days to comply with any such requirement, he shall on summary conviction be liable to a fine of one thousand dollars; (ii) any information obtained from the importer of the goods or his agent under sub-paragraph (i), or from any other source may be communicated by the Director of Commerce and Industry to any person whose name or trade mark is alleged to have been used or infringed; (d) it shall be lawful for the Governor in Council to make regulations, either general or special, respecting the detention and forfeiture of goods the importation of which is prohibited by this section, and the conditions, if any, to be fulfilled before such detention and forfeiture, and may by such regulations determine the information, notices, and security to be given, and the evidence requisite for any of the purposes of this section, and the mode of verification of such evidence; (e) where there is on any goods a name which is identical with or a colourable imitation of the name of a place in the United Kingdom, that name, unless accompanied by the name of the country in which such place is situate, shall be treated for the purposes of this section as if it were the name of a place in the United Kingdom; (f) the regulations may apply to all goods the importation of which is prohibited by this section, or different regulations may be made respecting different classes of such goods or of offences in relation to such goods; (g) the regulations may provide for the informant reimbursing the Director of Commerce and Industry all 339 [CAP. 41

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3 Merchandise Marks. is, upon representations made to him, satisfied that the use of the name or trade mark is fraudulent, the Director of Commerce and Industry may also require the importer of the goods, or his agent, to produce any documents in his possession relating to the goods and to furnish information as to the name and address of the person by whom the goods were consigned to the Colony and the name and address of the person to whom the goods were sent in the Colony; and, if the importer or his agent fails within. fourteen days to comply with any such requirement, he shall on summary conviction be liable to a fine of one thousand dollars; (ii) any information obtained from the importer of the goods or his agent under sub-paragraph (i), or from any other source may be communicated by the Director of Commerce and Industry to any person whose name or trade mark is alleged to have been used or infringed; (d) it shall be lawful for the Governor in Council to make regulations, either general or special, respect- ing the detention and forfeiture of goods the importation of which is prohibited by this section, and the conditions, if any, to be fulfilled before such detention and forfeiture, and may by such regulations determine the information, notices, and security to be given, and the evidence requisite for any of the purposes of this section, and the mode of verification of such evidence; (e) where there is on any goods a name which is identical with or a colourable imitation of the name of a place in the United Kingdom, that name, unless accom- panied by the name of the country in which such place is situate, shall be treated for the purposes of this section as if it were the name of a place in the United Kingdom; (f) the regulations may apply to all goods the importa- tion of which is prohibited by this section, or different regulations may be made respecting different classes of such goods or of offences in relation to such goods; (g) the regulations may provide for the informant reim- bursing the Director of Commerce and Industry all 339 [САР. 41

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Merchandise Marks.

is, upon representations made to him, satisfied that the use of the name or trade mark is fraudulent, the Director of Commerce and Industry may also require the importer of the goods, or his agent, to produce any documents in his possession relating to the goods and to furnish information as to the name and address of the person by whom the goods were consigned to the Colony and the name and address of the person to whom the goods were sent in the Colony; and, if the importer or his agent fails within. fourteen days to comply with any such requirement, he shall on summary conviction be liable to a fine of one thousand dollars;

(d) it shall be lawful for the Governor in Council to make regulations, either general or special, respect- ing the detention and forfeiture of goods the importation of which is prohibited by this section, and the conditions, if any, to be fulfilled before such detention and forfeiture, and may by such regulations determine the information, notices, and security to be given, and the evidence requisite for any of the purposes of this section, and the mode of verification of such evidence;

(e) where there is on any goods a name which is identical with or a colourable imitation of the name of a place in the United Kingdom, that name, unless accom- panied by the name of the country in which such place is situate, shall be treated for the purposes of this section as if it were the name of a place in the United Kingdom;

(f) the regulations may apply to all goods the importa- tion of which is prohibited by this section, or different regulations may be made respecting different classes of such goods or of offences in relation to such goods;

(g) the regulations may provide for the informant reim- bursing the Director of Commerce and Industry all

1950_MERCHANDISE_MARKS_ORDINANCE — Page 9

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