UNITED KINGDOM DESIGNS (PROTECTION) ORDINANCE

UNITED KINGDOM DESIGNS (PROTECTION) ORDINANCE

CHAPTER 44.

UNITED KINGDOM DESIGNS (PROTECTION).

To protect the registered proprietor of any design registered in the
United Kingdom.

[28th December, 1928.]

1. This Ordinance may be cited as the United Kingdom 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 infringement of copyright in a
design from any defendant who proves that it 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.

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 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.

Originally 18 of 1928. Fraser 18 of 1928. Short title. Rights in U. K. extended to Colony. 7 Edw. 7, c. 29. 4 & 5 Geo. 5, c. 18. 9 & 10 Geo. 5, c. 80. 18 Geo. 5, c. 3. 22 & 23 Geo. 5, c. 32. Innocent infringe not liable in damages. Grounds upon which court may declare that rights has not been acquired in this Colony.

Originally 18 of 1928. Fraser 18 of 1928. Short title. Rights in U. K. extended to Colony. 7 Edw. 7, c. 29. 4 & 5 Geo. 5, c. 18. 9 & 10 Geo. 5, c. 80. 18 Geo. 5, c. 3. 22 & 23 Geo. 5, c. 32. Innocent infringe not liable in damages. Grounds upon which court may declare that rights has not been acquired in this Colony.

https://oelawhk.lib.hku.hk/items/show/1715

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