6. Is it a criminal offence to infringe trade marks?
Under section 9 of the Trade Descriptions Ordinance (Cap. 362), the following acts in relation to trade marks constitute criminal offences:
- forging a trade mark
- falsely applying to any goods any trade mark or any mark so nearly resembling a trade mark as to be calculated to deceive;
- makes any die, block, machine or other instrument for the purpose of forging, or of being used for forging, a trade mark;
- disposes of or has in his possession any die, block, machine or other instrument for the purpose of forging a trade mark; and
- sells or exposes or has in his possession for sale or for any purpose of trade or manufacture, any goods to which any forged trade mark is applied, or to which any trade mark or mark so nearly resembling a trade mark as to be calculated to deceive is falsely applied.
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