The owner of a "well-known" trade mark (within Article 6 bis of the Paris Convention) will be entitled to restrain by injunction the use in Hong Kong of identical or similar marks for identical or similar goods and services, where such use is likely to cause confusion. This right applies whether or not the owner of the mark carries on any business or has any goodwill in Hong Kong. The Bill does not implement TRIPS insofar as there is no protection against use of a mark on non-similar goods and services. The provision, unlike the UK, does not require the mark to be well-known in Hong Kong.
Further information on the above may be obtained via Linklaters & Paines Hong Kong office or via any of the other nine Linklaters & Paines offices world-wide, located in Singapore, Tokyo, London, Brussels, Paris, Frankfurt, New York, Washington D.C. and Moscow. Contact details for the various L&P offices worldwide are available via the Linklaters & Paines corporate listing c/o Business Monitor Online - http://www.businessmonitor.co.uk
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