1950_UNITED_KINGDOM_DESIGNS_(PROTECTION)_ORDINANCE — Page 1

United Kingdom Designs (Protection),

[CAP. 44

CHAPTER 44.

UNITED KINGDOM DESIGNS (PROTECTION).

To protect the registered proprietor of any design registered Originally

in the United Kingdom.

18 of 1928. Fraser 18 of 1928.

[28th December, 1928.]

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

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 to 1932, 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 infringe- ment of copyright in a design from any defendant 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 registration of the design: Provided that nothing in this section shall affect any proceedings for an injunction.

Rights in extended

U. K.

to Colony.

7 Edw. 7, 4 & 5 Geo. 5,

c. 29.

c. 18.

9 & 10 18 Geo. 5,

Geo. 5, c. 80.

c. 3.

22 & 23 Geo. 5, c. 32.

Innocent. not liable

infringer

in damages.

upon which

court may rights have acquired in

declare that

not been

this Colony.

4. The court shall have power, upon the application of Grounds any person who alleges that his interests have been pre- judicially affected, to declare that exclusive privileges 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 Kingdom registration might be cancelled under the law for the time being in force in the United Kingdom. Such grounds shall be deemed to include the publication of the design in Hong Kong prior to the date of registration of the design in the United Kingdom.

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