Major Differences between the 2nd Draft Trade Marks Bill and the Trade Marks Bill ("The Bill")
| 2nd Draft | The Bill | Changes
|
|---|
1. Clause 2
(Interpretation)
| Clause 2
| - Definitions of assignee and association have been removed. No need to define these terms.
- Definition of WTO member and Paris Convention country altered to allow designation by Regulation.
- Definition of "official journal" inserted.
|
2. Clause 9
(Registered trade mark a property right)
| Clause 9(3)
| - Clause 9(3) is inserted to clarify that public bodies and individuals are bound by the Bill.
|
3. Clause 10(1)(c)
(Absolute grounds for refusal of registration)
| Clause 10(1)(c)
| - "or business" added after "trade"
|
| 4. Clause 18(5)(6)
| Clause 19
(Exhaustion of Rights)
| - Exhaustion of rights given its own clause in the Bill.
|
5. Clause 19
(Comparative Advertising)
| Clause 17(7)(Infringement of registered trade mark) |
- The clause dealing with comparative advertising has been repositioned.
|
6. Clause 24
(Proceedings for relief from groundless threats of infringement proceedings)
| Clause 24
| - Clause 24(6) has been added to ensure that an action against groundless threats cannot be pursued if the registered owner or licensee of a trade mark brings an action for infringement within the stipulated period.
|
7. Clause 83(2)
(Appeals from decisions or orders of Registrar)
| Clause 83(2)
| - An appeal is now to be heard in public.
|
8. Clause 86
(Costs of proceedings before Registrar)
| Clause 86(3)
| - Power is given for the making of rules to empower Registrar to seek security for costs.
|
Trade and Industry Bureau
September 1999
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