HKLII Hong Kong Ordinances

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TRADE MARKS ORDINANCE - SECT 20

Exhaustion of rights conferred by registered trade mark

(1) Notwithstanding section 18 (infringement of registered trade  mark), a
registered trade mark is not infringed by the use of the trade  mark in
relation to goods which have been put on the market anywhere in the world
under that trade mark by the owner or with his consent (whether express or
implied or conditional or unconditional).

(2) Subsection (1) does not apply where the condition of the goods has been
changed or impaired after they have been put on the market, and the use of
the registered trade mark in relation to those goods is detrimental to the
distinctive character or repute of the trade mark.



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