Page:Trade Marks Ordinance (Cap. 559).pdf/86

TRADE MARKS ORDINANCE :::::(i) without the consent of the owner of the trade mark, makes that trade mark or a mark so nearly resembling that trade mark as to be calculated to deceive; or
 * (ii) falsifies any genuine trade mark, whether by alteration, addition, effacement or otherwise;
 * (b) falsely to apply to goods a trade mark who without the consent of the owner of that trade mark applies that trade mark to goods,
 * and “forged trade mark” (偽造商標) shall be construed accordingly.
 * (3A) A person shall not be deemed under subsection (3) to forge a trade mark, or falsely to apply to goods a trade mark, if the person proves—
 * (a) that he acted without infringing any right of the owner of the trade mark conferred by the Trade Marks Ordinance (35 of 2000);
 * (b) that the trade mark or mark was not used by him in the course of any trade or business as a trade mark in relation to goods;
 * (c) that the use made by him of the trade mark or mark is not a use in relation to goods for which the trade mark is registered and is not a use in relation to goods similar to those for which it is registered; or
 * (d) that the use made by him of the trade mark or mark is a use to which the rights of the owner of the trade mark do not extend by reason of a disclaimer, limitation or condition to which the trade mark is subject.”;
 * (b) in subsection (4), by repealing “assent of the proprietor” and substituting “consent of the owner”.

8. Prohibited import and export of certain goods

Section 12(1) is amended by repealing “, which expression shall be construed in accordance with section 9(3),”.

9. Disclosure of information, etc.

Section 16C(1), (2) and (3) is amended by repealing “proprietor” and substituting “owner”.

10. Section substituted

Section 30A is repealed and the following substituted—
 * “30A. Interpretation
 * In this Part, “detention order” (扣留令) means an order made under section 30C(1).”.

11. Application for detention order

Section 30B(1), (3) and (4) is amended by repealing “proprietor” wherever it appears and substituting “owner”.

12. Issuance of detention order

Section 30C(1), (2) and (6) is amended by repealing “proprietor” and substituting “owner”.

13. Enforcement of detention order

Section 30D is amended—
 * (a) in subsections (2), (3), (4), (5)(a), (6), (7), (8) and (9), by repealing “proprietor” wherever it appears and substituting “owner”;
 * (b) in subsection (6), by repealing “Trade Marks Ordinance (Cap. 43)” and substituting “Trade Marks Ordinance (35 of 2000)”;