Hong Kong Ordinances

TRADE MARKS ORDINANCE - SECT 17

References to infringing goods, material or articles

(1) References in this Ordinance to infringing goods, infringing material or
infringing articles shall be construed in accordance with this section.

(2) Goods are infringing goods, in relation to a registered trade  mark, if
the goods or their packaging bear a sign identical or similar to
the registered trade mark and-

   (a)  the application of the sign to the goods or their packaging
        constituted an infringement of the registered trade mark at the time
        the sign was applied;

   (b)  the goods are proposed to be imported into Hong Kong and the
        application of the sign in Hong Kong to the goods or their packaging
        would constitute an infringement of the registered trade mark; or

   (c)  the sign has otherwise been used in relation to the goods in such a
        way as to infringe the registered trade mark.

(3) Material is infringing material, in relation to a registered  trade mark,
if the material bears a sign identical or similar to the  registered
trade mark and either-

   (a)  the material is used-

        (i)    for labelling goods;

        (ii)   for packaging goods;

        (iii)  as a business paper; or

        (iv)   for advertising goods or services, in such a way as to infringe
               the registered trade mark; or

   (b)  the material is intended to be so used and such use would constitute
        an infringement of the registered trade mark.

(4) Articles are infringing articles, in relation to a registered  trade mark,
if-

   (a)  the articles are specifically designed or adapted for making copies of
        a sign identical or similar to the registered trade mark; and

   (b)  the articles are in the possession, custody or control of a person who
        knows or has reason to believe that they have been or are to be used
        to produce infringing goods or material.

(5) Nothing in subsection (2) shall be construed as affecting the importation
of goods which may be lawfully imported into Hong Kong by virtue of any law of
Hong Kong.