"ملف 10/7 II تسجيل العلامات التجارية وحماية الابتكارات في جزيرة البحرين' [و‎‎٢‎٦‎٢] (٦٣٠/٥٢٧)

Prom
To
India in the
The Deputy Secretary to the Government of
External Affairs Department,
The Hon'ble the Political Resident in the Persian
Gulf, Bus hi re.
Nevv Delhi, the January, 1944.
Subject: > Marjss
• • • # •
Sir,
I am directed to refer to your letter Ho. 2061-18/164,
datied the 9th December 1943 and to say that as the Government
of India have already observed, the provisions of the Indian
Penal God b relating to criminal piracy of trade marks
(and such marks need not be regis jered to attract those provisions)
run in botn Bahrain and Muscat, so that a person offends those
provisions at his peril.
N %• . • ■
2. In regard to civil remedies, the Government of India
have little doubt that actions for "passing off! under the common
law could be sustained in these territories. No system or
registration is necessary for relief to be obtainable in such •
actions. The risiit in a trade mark derives fundamentally from
ezelusive use am it may be mentioned that British Inaia has
managed without registration until 10 months ago.
3. The answer to the question in Mr. Kettaneh's letter
of 7th November 1943, a copy of which was enclosed with your
letter No. 172-18/164, dated the 3rd February 1943, would in
Muscat appear to be in the negative, the second part of the.
question not arising. Had the query been addressed to Bahrain,
it woula not be so easy to answer, since an. established ayatem
of registration is stated to exist there, which must however
be regarded as extra-legal. This may have been effective as
some deterrent to interning pirates out it would have little
positive effect in law beyond providing a certain quantum of
evidence of exclusive use, and its value as such evidince wtiuld
depend upon the procedure under wnich registration is granted.
Unless the application is advertised suitably before it is
granted, registration is virtually useless and indeed the
system would be open to easy abuse. Also there is always the
risk inherent in all extra-legalities that a legal challenge
in Court may lead to more or less embarrassing situations.
The Government of India would, therefore, surest, subject to
any further views which you may hold, that it would be as well
quiesly to allow this practice obaapx to drop.
I have the honour to be.
Sir,
• Your most obedient servant,
3d. G.B.Duke
Deputy Secretary to the Government of India.