Clause 12
Amendment of section 28
of Trade Marks (Amendment) Bill
BillNot in forceProvision 12 of 38
Clause 12
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 —
(a)
constitutes fair use in comparative commercial advertising or promotion;
(b)
is for a non-commercial purpose; or
(c)
is for the purpose of news reporting or news commentary.”.