GOVERMENT HOUSE HONG KONG.
NED 01 DEC 93 10:25
CONFIDENTIAL
- 3 -
PG.03
機密
(e)
applications to the EPO spread of applicants.
cover an international
9.
Patents.
It is
Registration of Chinese recognized that difficulties could arise from registering patents from more than one system. However, it is proposed that under the new system Chinese patents should be capable of being registered in Hong Kong because of the following
reasons:
(a)
(b)
(c)
Hong Kong's special relationship with China;
recent changes to China's patent law and system have brought patent protection in China into closer alignment with international norms and standards;
China's accession to the Patent Cooperation Treaty and appointment as an International Searching and Preliminary Examination Authorities with effect from 1 January 1994 reflects the international patent community's endorsement of the technical competence of the Chinese Patent office.
Timing of Implementation
10.
The Hong Kong Government proposes to implement the proposed patent system as soon as the necessary legislation and administrative arrangements have been put in place. the first phase, only European patents will be registered in Hong Kong, Within two years thereafter, the system will also register Chinese patents.
In any event, Chinese patents will be capable of being registered in Hong Kong not later than 1 July 1997.
11.
It is recognized that difficulties could arise from registering patents from more than one system.
It is also anticipated that upon introduction of the independent patent system, there will be a substantial increase in the number of patent and petty patent applications. In addition the transitional provisions will lead to a substantial increase in applications in the first two years after introduction of the system. The two year delay before Chinese patents become registerable in Hong Kong is proposed to allow time for the Hong Kong Patents Registry
resolve any procedural difficulties arising from the new system, to resolve any incompatibility arising from the dual system and to tackle the influx of transitional applications and the anticipated increase in the number of applications under the new system.
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