RESTRICTION ON IMPORTATION OF GOODS BEARING INFRINGING TRADE MARKS. (Hansard, 8 May 1968)

§ Mr. J. P. W. Mallalieu
I beg to move Amendment No. 14, in page 9, line 4, after 'proprietor', insert 'or registered user'.

§ Mr. Deputy Speaker (Mr. Sydney Irving)
I suggest that it would be convenient for the House to consider, at the same time, Amendment No. 15, in page 9, line 7, after 'proprietor', insert 'or registered user'.

§ Mr. Mallalieu
When we discussed the Clause in Committee the hon. and learned Member for Darwen (Mr. Fletcher-Cooke) proposed three Amendments referring to registered users of a trade mark, two of which were identical to those which I am now moving. At the time, an undertaking was given that we would look into the matter further. This we have done, and we agree that the Amendments are both desirable and feasible.
They would extend to registered users of a trade mark the right which the Clause at present confers solely on the 507 proprietor of the mark, to require Customs to prevent the import of specified consignments of goods bearing an infringing trade mark. There may well be cases where the registered user wants prompt action to be taken and cannot get the proprietor to act in time.
The hon. and learned Gentleman also put forward an Amendment to subsection (1)(c) to refer to the registered user's "exclusive right" to use of the trade mark. I am advised that this would be incorrect, since only the proprietor has that "exclusive right", and that no Amendment to this provision is needed.

§ Mr. Fletcher-Cooke
I am grateful to the Minister of State for accepting two of my three suggestions, and I will not quarrel about the third. It would have fulfilled a long felt want on my part had he been able to accede to the substance of my third and large Amendment, which would have put certain duties on the Commissioners of Customs and Excise to protect the trader, proprietor and the registered user—duties which are now unfortunately to be entirely lifted. However, so far as it goes, I am grateful for the Amendment.