3
specific question
issues will need to be addressed the overriding is whether the Sovereign country, i.e. UK before 1997 and China thereafter, is willing do so. At present China has not acceded to the PCT but it has publicly announced that it will do so in early 1994. If both UK and
China are willing to nominate the HKPR as a receiving office in addition to its own Patent Office, we envisage that the PCT requirements could be complied with.
UKPO (and CPO) as a receiving office for HK
10.
Although HK residents could continue to make PCT applications to the UKPO (and the CPO after 1997), we do not consider this a satisfactory solution because of its continued dependence on the UKPO. Instead we believe that it is important for us to work to establish the "separateness" of the new independent HK patent system. This will be in accordance with the basic policies spelt out in the Sino-British Joint Declaration and the Basic Law
which specifically requires the HKSAR, "on its own, to formulate policies on science and technology and protect by law achievements in scientific and technological research, patents, discoveries and inventions."
11.
The
PSC noted that for HK businessmen, the registration system has created a sense of remoteness from the procedures leading to the grant of patents (para 12.33 of the Report). This may be further enhanced as applicants will have to use agents in the UK and in due course China to make PCT applications. This could to some extent be alleviated if PCT applications could be made at the HKPR. It would also mean that applicants could use their agents in HK to make PCT applications which will be more convenient and less expensive.
Consultation with CPO
12.
We will be consulting the CPO separately on the PSC's recommendations, including the proposal to nominate HKPR as a receiving office for PCT purposes.
Views sought
13.
We would like to hear your views on whether the PCT permits its Contracting States to nominate more than one receiving office and whether, for PCT purposes, HMG is prepared to nominate the Hong Kong Patents Registry to be the receiving office for the purpose of PCT applications
from HK residents.
Yours faithfully
веди
Lequent
( Mrs Regina IP )
for Secretary for Trade and Industry
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