Trade Marks Act, 1993 (Act No. 194 of 1993)Part VIII : Infringement35. Protection of well-known marks under Paris Convention |
| (1) | References in this Act to a trade mark which is entitled to protection under the Paris Convention as a well known trade mark, are to a mark which is well known in the Republic as being the mark of— |
| (a) | a person who is a national of a convention country; or |
| (b) | a person who is domiciled in, or has a real and effective industrial or commercial establishment in, a convention country, whether or not such person carries on business, or has any goodwill, in the Republic. |
| (1A) | In determining for the purposes of subsection (1) whether a trade mark is well-known in the Republic, due regard shall be given to the knowledge of the trade mark in the relevant sector of the public, including knowledge which has been obtained as a result of the promotion of the trade mark. |
| (2) | A reference in this Act to the proprietor of such a mark shall be construed accordingly. |
| (3) | The proprietor of a trade mark which is entitled to protection under the Paris Convention as a well-known trade mark is entitled to restrain the use in the Republic of a trade mark which constitutes, or the essential part of which constitutes, a reproduction, imitation or translation of the well-known trade mark in relation to goods or services which are identical or similar to the goods or services in respect of which the trade mark is well known and where the use is likely to cause deception or confusion. |
| (4) | Where, by virtue of section 10(8), the authorisation of the competent authority of a convention country or an international organisation is required for the registration of a mark as a trade mark, such authority or organisation is entitled to restrain the use in the Republic of such a mark without such authorisation. |