Protection of well known trade mark: Article 6bis of 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 Belize as being the mark of a person who, (a) is a national of a Convention country; or 52 (b) is domiciled in, or has a real and effective industrial or commercial establishment in, a Convention country, whether or not that person carries on business, or has any goodwill, in Belize, and references to the proprietor of such a mark shall be construed accordingly. (2) 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 by injunction the use in Belize of a trade mark which, or the essential part of which, is identical or similar to his mark, in relation to identical or similar goods or services, where the use is likely to cause confusion, but this right is subject to section 48 of this Act (effect of acquiescence by proprietor of earlier trade mark). (3) Nothing in subsection (2) of this section affects the continuation of any bona fide use of a trade mark begun before the commencement of this section.