12. Amendment of section 28

Section 28 of the principal Act is amended by inserting, immediately after subsection (3), the following subsection:“(4) Notwithstanding section 27, a person who uses a registered trade mark does not infringe the trade mark if such use —

constitutes fair use in comparative commercial advertising or promotion;

is for a non-commercial purpose; or

is for the purpose of news reporting or news commentary.”.