"No Fakes Pledge" Scheme Hearing Panel

Membership of the Polo Santa Roberta Limited under the “No Fakes Pledge” Scheme (Office Address: G/F, 114 Fuk Wa Street, , Kowloon) ______Decision

Background of Member： 1. The Polo Santa Roberta Limited (“member company”) is a member of the Coalition for Intellectual Property Rights of the Federation of Hong Kong Industries (“the Coalition”). The member company was granted the ‘No Fakes Pledge’ (“Scheme”) membership by the Coalition on 31 December 2009. The addresses of the member company’s “ Polo Santa Roberta” shops are as follows:

Address: 1) Shop 41, G/F., Lansing House, 41-47 Queen's Road Central, Hong Kong

2) Shop B, G/F., CNT Tower, 338 Hennessy Road, Wan Chai, Hong Kong

3) Shop C, G/F., Hin Wah Building, 446-450 Hennessy Road, Causeway Bay, Hong Kong

4) Shop B, G/F., 376-380 King's Road, North Point, Hong Kong

5) G/F, 85 Percival Street, Causeway Bay, Hong Kong

6) Shop B, G/F., New Lucky House, 298-306 , Kowloon

7) G/F., 180 Nathan Road, Kowloon

8) G/F., 111 Argyle Street, , Kowloon

9) G/F., 562 Nathan Road, Kowloon

10) G/F., 491 Nathan Road, Yau Ma Tei, Kowloon

11) G/F., 678 Nathan Road, Mong Kok, Kowloon

12) Shop G66, Parklane Shopper's Boulevard, 179 Nathan Road, Tsim Sha Tsui, Kowloon

13) Shop B2, G/F., 240-244 , Mong Kok, Kowloon

14) G/F., 23 , Tsim Sha Tsui, Kowloon

15) Shop 27A, Cameron Road, Tsim Sha Tsui, Kowloon

16) G/F, 33A Carnarvon Road, Tsim Sha Tsui, Kowloon

1 Course of Event： 2. During an operation on anti-counterfeit goods conducted against the member company on 31 August 2010, the Hong Kong Customs seized a batch of suspected counterfeit leather goods at the shops of the member company.

3. As the member company is under the suspicion of breaching the Code of Ethics of the Scheme (“the Code”), i.e. refrain from selling or dealing in counterfeit and pirated goods, the Coalition shall issue a notice to the member company on the intended termination of its membership under the Scheme.

4. The written notice was served on 1 September 2010 on the member company at its office by the Coalition with reasons stated for the intended termination of its membership.

5. A completed reply slip indicating that the member company intended to attend a hearing at which it would give its views on the matter was returned within two working days, i.e. on 3 September 2010, according to the established procedures.

6. On 6 September 2010 afternoon, the Coalition received written representations on the case submitted by the member company.

7. The date of hearing was scheduled for 7 September 2010.

The Hearing Panel: 8. A hearing was conducted by the Hearing Panel at 3:00 p.m. on 7 September 2010 in the Intellectual Property Department. Members of the Hearing Panel were Mr. Louis Mak and Dr. Alex Lau of the Hong Kong Coalition for Intellectual Property Rights of the Federation of Hong Kong Industries and Mr. CHEUNG Kam Fai, the Director of Intellectual Property (Ag).

Written Representations and Major Points of the Reply by the Party Concerned 9. Miss Tong Tit Wai ﹙湯鐵卉﹚was authorised by the Polo Santa Roberta Limited to attend the hearing and act as the respondent on behalf of the member company.

2 10. Of the documents provided and representations made by the respondent at the hearing, the following major points were related to the hearing:

a. The member company was issued a valid certificate of registration for the trademark “Polo Santa Roberta” by the Trade Marks Registry Hong Kong and some certificates for the registered design patterns on its industrial products by the Designs Registry Hong Kong.

b. The member company had established its brand and marketing in Hong Kong for over 20 years. Its goods, bearing the theme design pattern of a checker composed of three lines, had been sold in both Hong Kong and overseas since 20 years ago.

c. The “Polo Santa Roberta” trademark on the member company’s goods enabled consumers to differentiate between “Polo Santa Roberta” trade mark goods and other trade mark goods. Furthermore, it was stated in the member company’s “Polo Santa Roberta” advertisements that there was no affiliation between its goods and the goods bearing another trademark.

d. The member company’s retail chain stores guaranteed their customers for permanent maintenance and repair service, as well as return and replacement service.

Decision of the Hearing Panel: 11. Considerations were given to the following factors:

Consideration 1: 12. A batch of suspected counterfeit leather goods were actually seized at the shops of the member company during an operation on anti-counterfeit goods conducted by the Hong Kong Customs on 31 August 2010. The member company had contravened the Code of Ethics.

Consideration 2: 13. The member company did actually register its trade mark “Polo Santa Roberta” and the designs of some of its goods in Hong Kong.

3 Consideration 3: 14. The Hong Kong Customs is still making investigation into the member company’s case of suspected counterfeit leather goods.

Consideration 4: 15. The “No Fakes Pledge” Scheme needs to maintain its integrity to the public and should endeavour to safeguard consumers’ confidence in buying genuine goods.

Outcome: 16. Upon consideration of the course of event, written representations and replies of the member company and the above factors, members of the Hearing Panel reached a decision to suspend the membership of the member company for the year 2010.

17. The member company will have its membership resumed immediately if the Hong Kong Customs terminates its investigation or ceases prosecution, or if the member company is not convicted by a court on account of a counterfeiting offence.

18. The member company will have its membership terminated immediately if the Hong Kong Customs institutes prosecution against it and conviction on account of a counterfeiting offence is issued by a court.

Signed by Peter CHEUNG Signed by Louis MAK Signed by Alex LAU (Member of the Hearing Panel) (Member of the Hearing Panel) (Member of the Hearing Panel)

8 September 2010

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