Hong Kong Ordinances

TRADE MARKS ORDINANCE - SECT 66

Notification under Article 6ter of Paris Convention

(1) For the purposes of section 64 (national emblems, etc.), state emblems of
a country (other than the national flag), and official signs or hallmarks,
shall be regarded as protected under the Paris Convention, or as protected
under the Paris Convention by virtue of the World Trade 
Organization Agreement, only if, or to the extent that-

   (a)  the country in question has notified the World Intellectual Property
        Organization in accordance with Article 6ter(3) of the Paris 
        Convention that it desires to protect that emblem, sign or hallmark;

   (b)  the notification remains in force; and

   (c)  no objection to the notification has been transmitted to the World
        Intellectual Property Organization on behalf of Hong Kong in
        accordance with Article 6ter(4) of the Paris Convention or any such
        objection has been withdrawn.

(2) For the purposes of section 65 (emblems, etc., of certain international
organizations), the emblems, abbreviations and names of an international
intergovernmental organization shall be regarded as protected under the
Paris Convention, or as protected under the Paris  Convention by virtue of the
World Trade Organization Agreement, only if, or to the extent that-

   (a)  the organization in question has notified the World Intellectual
        Property Organization in accordance with Article 6ter(3) of the
        Paris Convention that it desires to protect that emblem, abbreviation
        or name;

   (b)  the notification remains in force; and

   (c)  no objection to the notification has been transmitted to the World
        Intellectual Property Organization on behalf of Hong Kong in
        accordance with Article 6ter(4) of the Paris Convention or any such
        objection has been withdrawn.

(3) Notification in accordance with Article 6ter(3) of the Paris  Convention
shall have effect only in relation to applications for registration made more
than 2 months after the receipt of the notification.

(4) The Registrar shall keep and make available for public inspection at the
Registry by any person, during the normal business hours of the Registry, and
free of charge, a list of-

   (a)  the state emblems and official signs or hallmarks; and

   (b)  the emblems, abbreviations and names of international
        intergovernmental organizations, which are for the time being
        protected under the Paris Convention by virtue of a notification under
        Article 6ter(3) of the Paris Convention.