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Federation of Hong Kong Industries Ordinance

5. Powers of Federation

Section 6(ea) of the Federation of Hong Kong Industries Ordinance (Cap. 321) is amended by repealing “Trade Marks Ordinance (Cap. 43)” and substituting “Trade Marks Ordinance (35 of 2000)”.

Trade Descriptions Ordinance

6. Interpretation

Section 2(1) of the Trade Descriptions Ordinance (Cap. 362) is amended—

(a) by repealing the definition of “Convention country” and substituting—

““Convention country” (公約國家) means a Paris Convention country or WTO member as defined in section 2(1) of the Trade Marks Ordinance (Cap. 559);”;

(b) by repealing the definition of “trade mark” and substituting—

““trade mark” (商標) means—

(a) a trade mark relating to goods registered or deemed to be registered in Hong Kong under the Trade Marks Ordinance (Cap. 559);

(b) a certification mark or collective mark relating to goods registered or deemed to be registered in Hong Kong under the Trade Marks Ordinance (Cap. 559);

(c) a trade mark—

(i)registered in a Convention country; and

(ii)capable of registration in Hong Kong under the Trade Marks Ordinance (Cap. 559) as a trade mark relating to goods;

(d) a trade mark—

(i) in respect of which an application for registration has been made in a Convention country; and

(ii) capable of registration in Hong Kong under the Trade Marks Ordinance (Cap. 559) as a trade mark relating to goods; and

(iii) in respect of which a period of 6 months has not expired since the date of the application for the registration thereof in a Convention country.”;

(c) by adding—

““forged trade mark” (偽造商標) has the meaning assigned to it by section 9(3);

“infringing goods” (侵犯權利貨品) means goods to which—

(a) a forged trade mark is applied; or

(b) a trade mark or mark so nearly resembling a trade mark as to be calculated to deceive is falsely applied;

“mark” (標記), when used as a noun, includes a sign capable of distinguishing the goods of one undertaking from those of other undertakings;”.

7. Offences in respect of trade marks

Section 9 is amended—

(a) by repealing subsection (3) and substituting—

“(3) For the purposes of this section but subject to subsection (3A), a person shall be deemed—

(a) to forge a trade mark who either—