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Mainland Mutual Trademark Registration 'Not On Agenda' In HK,
by Mary Swire, Tax-News.com, Hong Kong
Monday, June 01, 2009
There are no immediate plans to discuss the "one registration, two uses"
proposal for trademarks with Mainland authorities, Hong Kong's Secretary for
Commerce And Economic Development, Rita Lau, has announced.
Lau's remark was made in response to a question posed by the region's legislator,
Lam Tai-fai, who asked whether the government will study the feasibility of
"one registration, two uses" for trademarks with reference to overseas
practices, establishing a mutual recognition regime for trademark registration
for the Mainland and Hong Kong, and giving special protection to famous trademarks
and brands.
Mrs Lau said Hong Kong's regime for intellectual property rights is in compliance
with international conventions, including the Agreement on Trade-Related Aspects
of Intellectual Property Rights of the World Trade Organization and the Paris
Convention.
"Under these conventions, intellectual property rights protection is territorial
in nature, which means member states or economies, including the Mainland and
Hong Kong, are to protect and execute intellectual property rights within their
jurisdictions in accordance with the provisions of their respective legal systems,"
she said, adding:
"The authorities responsible for handling applications for registration
in the Mainland and Hong Kong will still have to process cases according to
their respective trade mark registration systems, laws and regulations. Hence,
we have no plans for the time being to discuss such a proposal with the Mainland
authorities."
She said that under Hong Kong's current trademark registration system, a registration
category for "famous trade marks" does not exist.
"Under the Paris Convention which is applicable to both the Mainland and
Hong Kong, owners of trade marks which are entitled to protection as 'well-known
trade marks' can enjoy the pertinent protection, even if they have not registered
their trade marks in the Mainland or Hong Kong," she continued.
Mrs Lau said the government is helping enterprises enhance their understanding
of the related laws and regulations in the two places and the corresponding
protective measures.
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