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in this way but he Cannot prevent that use. The amount
of compensation, if it cannot be agreed, will normally be
settled by referring the whole matter to the High Court.
20.
The main justification for the existence of the Crown
use provision lies in Hong Kong's possible security requirements.
This form of compulsory licence need not however be confined
to matters affecting security. Pharmaceuticals for example
could be the subject of the exercise of Crown use. The
Government could authorise itself and others to supply drugs
for its health services. The right of the Crown to work a
patent depends upon the existence of a system of granting
patent rights. It is that grant of patent rights which is
provided by the present registration system. In practice
however it seems that the Crown use provision has never been
used, at least in recent times.
The encouragement of investment in Hong Kong by foreign firms
21.
One of the considerations borne in mind by a foreign
manufacturer contemplating production in Hong Kong is the
extent to which his product will enjoy legal protection from
competition from products manufactured in, or imported into,
Hong Kong. Patent rights are but one aspect of the protection
from competition afforded by the law. The significance of
the prospect of patent rights in the decision whether or not
to invest in product manufacture in Hong Kong is difficult
to gauge without further research into the use in fact made
by foreign firms of the patents they register here.
It can
/be safely
الحميدة
Pres