Hong Kong Ordinances

CROWN PROCEEDINGS ORDINANCE - SECT 5

Provisions as to industrial property

(1) Where after the commencement of this Ordinance any servant or agent of the
Crown infringes a patent, or infringes a registered trade mark, or infringes
any copyright, or infringes any registered design, and the infringement is
committed with the authority of the Crown, then, subject to the provisions of
this Ordinance, civil proceedings in respect of this infringement shall lie
against the Crown.

(2) Nothing in subsection (1) or in any other provision of this Ordinance
shall affect the rights of the Crown under sections 36 to 40 of the
Registered Designs Ordinance ( Cap 522). (Amended 25 of 1979 s. 12; 52 of 1997
s. 162)

(3) Save where it is expressly provided by this section, no proceedings shall
lie against the Crown by virtue of this Ordinance in respect of the
infringement of a patent, in respect of the infringement of a registered trade
mark, or in respect of the infringement of any such copyright or registered
design as is mentioned in subsection (1) of this section. (Amended 64 of 1997
s. 94) [cf. 1947 c.44 s.3 U.K.]