Page:Trade Marks Ordinance (Cap. 559).pdf/46

TRADE MARKS ORDINANCE (3) The provisions of this section as to emblems of an international intergovernmental organization apply equally to anything which from a heraldic point of view imitates any such emblem.

(4) Where by virtue of this section the authorization of an international intergovernmental organization is or would be required for the registration of a trade mark, that organization is entitled to restrain by injunction any use of the trade mark in Hong Kong without its authorization.

(5) Nothing in this section affects the rights of a person whose use in good faith of the trade mark in question began before 16 November 1977 (when the relevant provisions of the Paris Convention entered into force in relation to Hong Kong).

66. Notification under Article 6ter of Paris Convention

(1) For the purposes of section 64 (national emblems, etc.), state emblems of a country (other than the national flag), and official signs or hallmarks, shall be regarded as protected under the Paris Convention, or as protected under the Paris Convention by virtue of the World Trade Organization Agreement, only if, or to the extent that—
 * (a) the country in question has notified the World Intellectual Property Organization in accordance with Article 6ter(3) of the Paris Convention that it desires to protect that emblem, sign or hallmark;
 * (b) the notification remains in force; and
 * (c) no objection to the notification has been transmitted to the World Intellectual Property Organization on behalf of Hong Kong in accordance with Article 6ter(4) of the Paris Convention or any such objection has been withdrawn.

(2) For the purposes of section 65 (emblems, etc., of certain international organizations), the emblems, abbreviations and names of an international intergovernmental organization shall be regarded as protected under the Paris Convention, or as protected under the Paris Convention by virtue of the World Trade Organization Agreement, only if, or to the extent that—
 * (a) the organization in question has notified the World Intellectual Property Organization in accordance with Article 6ter(3) of the Paris Convention that it desires to protect that emblem,abbreviation or name;
 * (b) the notification remains in force; and
 * (c) no objection to the notification has been transmitted to the World Intellectual Property Organization on behalf of Hong Kong in accordance with Article 6ter(4) of the Paris Convention or any such objection has been withdrawn.