Hong Kong Ordinances

TRADE MARKS ORDINANCE - SECT 24

Limitation on order for delivery up

(1) Except as mentioned in subsection (2), an application for an order under
section 23 (order for delivery up) may not be made after the end of the period
of 6 years beginning on-

   (a)  in the case of infringing goods, the date on which the trade  mark was
        applied to the goods or their packaging;

   (b)  in the case of infringing material, the date on which the trade  mark
        was applied to the material; or

   (c)  in the case of infringing articles, the date on which they were made.

(2) If during the whole or part of the period referred to subsection (1) the
owner of the registered trade mark-

   (a)  is under a disability; or

   (b)  is prevented by fraud or concealment from discovering the facts
        entitling him to apply for an order, an application may be made at any
        time before the end of the period of 6 years beginning on the date on
        which he ceased to be under a disability or could with reasonable
        diligence have discovered those facts, as the case may be.

(3) In subsection (2), "disability" (無行為能力) has the same meaning as
in section 22(3) of the Limitation Ordinance ( Cap 347).

"disability" (無行為能力)