GOVERMENT HOUSE HONG KONG.
HED 61 DEC 93 10:30
CONFIDENTIAL
PG.67
機密
(0)
(P)
(9)
(F)
프
(s)
importing patented products or products obtained directly from a patented process or keeping that product whether for disposal or otherwise or from supplying any person in Hong Kong with the means for putting the patented invention into effect when he should reasonably know or be expected to know that those means are suitable to put the invention into effect in Hong Kong.
Infringement.
Subject ta the exceptions specified in the law, any act outlined in sub-para. (n) above will be an infringing act. Proceedings against any infringing act must be brought before the court. Remedies available to the proprietor will include injunctions, damages, accounting for profits and orders for delivery up or destruction of infringing products.
An
Rights on publication of request to record. applicant who has made a request to record an European or Chinese patent application which has been entered on the register and published will have the same rights, as from the date of publication of the request to record, as if the patent has been granted on the date of publication of the request to record except that no proceedings can be commenced until the patent has been granted.
TO
Groundless threats of infringement proceedings. prevent abuse, the law will specify circumstances where a person aggrieved by groundless threats of infringement proceedings can bring proceedings against the person making the
threats.
Revocation of patent. Any person may apply to the court to revoke a patent on grounds specified in the law. These include the fact that the subject matter of the patent was not patentable, that the specification does not properly disclose the invention
that the subject matter has been extended beyond the content of the corresponding European
Chinese patent application filed with EPO or CPO respectively and that the HK patent was granted to a person who was not the person or the only person entitled to apply.
the
Patentable inventions. The law will contain provisions setting out the criteria for those inventions which are patentable including the provisions relating to novelty, inventive step and industrial application and prior disclosure.