(1) References in this Ordinance to a trade mark which is entitled to protection under the Paris Convention as a well-known trade mark shall be construed as references to a trade mark which is well known in Hong Kong and which is the trade mark of a person who-
(a) is a national of, or is domiciled or ordinarily resident in, a Paris Convention country or WTO member;
(b) has a right of abode in Hong Kong; or
(c) has a real and effective industrial or commercial establishment in a Paris Convention country, a WTO member or Hong Kong,
whether or not that person carries on business in Hong Kong or owns any goodwill in a business in Hong Kong.
(2) In determining for the purposes of subsection (1) whether a trade mark is well known in Hong Kong, the Registrar or the court shall have regard to Schedule 2.
(3) References in this Ordinance to the owner of a well-known trade mark shall be construed in accordance with subsection (1).