The Minister of Trade and Industry, do hereby publish the Patents Amendment Bill, 2002, for public comment.
Words underlined with solid line indicate insertions in existing enactments.
Amendment of section 1 of Act 17 of 1941 1. Section 1 of the Merchandise Marks Act, 1941 (Act No.
by the substitution of the definition of "trade mark" by the.
'trade mark' means a trade mark registered in the Register of Trade Marks kept under the Trade Marks Act, 1993, or an amendment thereof or, for the purposes of Section 15A, a trade mark as defined in section 1 of the Trade Marks Act, 1993 whether registered under the aforementioned Act or not, and includes a well-known trade mark contemplated in section 35 of that Act.
Insertion of section 15A in Act 1 7 of 1941 2.
1 5A Abuse of trade mark in relation to an event a The Minister may, after such investigation and subiect to such conditions as he may think fit, by notice in the Gazette designate an event as a protected event and thus entitled to the protection provided for in this section for a period commencing on a date stipulated in such notice and tenninatinp two months after the completion ofsuch event; provided that the Minister shall notso designate an event unless he deemsthat its staging is in the public interest.
21 For the period duringwhichan event is a protected event, the use of a trade mark in relation tosuch protected event, by the owner thereof or by anyone directly or indirectly acting as his licensee or agent, without the authority of the orpaniser thereof, in a manner which is calculated primarily to achieve publicity for that trade mark and thereby to derive special promotional benefit from the event, shall be prohibited.
GAZETTE, a Any person who contravenes any such prohibition shall be deemed to abuse the trade mark in question and shall be guilty of an offence.
in order to display such mark in public.
This Bill shall be called the Merchandise MarksAmendment Bill, 2002.