Stat

5.25.

We have noted as outlined in paragraphs 3.17 that most countries have their own patent system and that the national patent office grants patents which extend only to that country or jurisdiction. There are however various regional patent systems where the patents granted by the regional patent office can have a wider area of protection and therefore a broader appeal to businessmen. The most prominent regional patent system is that created by the European Patent Convention (EPC) administered by the European Patent Office (EPO). In this context it should also be noted that some countries which are part of a regional system still continue to have their own national patent system and national patent office.

5.26.

Japa

fulfi

Higi

5.30

from

patei

Kon

of al

The various requirements of any system or systems on which to base a registration system fall into the following categories :-

5.31

those

(1)

High level of trade, strong market

Kong

(2)

High number of patents,international spread of applicants

Chin

5.32.

(3)

Same standards and ambit of protection

whic

In ad

(4)

Use of English language

dome

(5)

Assured, long-term, financial and political future

foreig

Japan

Europ

5.33.

over:

12,00

High level of trade, strong market

5.27.

We consider the patent system on which any registration system is based should come from a place which has a high level of trade with Hong Kong, and one with a strong market. As explained in paragraph 5.9, it will assist businessmen, whether from Hong Kong or elsewhere if they can register in Hong Kong a patent which they had in any event intended to obtain in that market. Paragraph 7.11 and Table F of chapter 7 set out the domestic exports by major markets and give a simple picture of Hong Kong's major trading partners. As can be seen, these are the United States with 29%, China with 21%, the European Community with 20% and Japan with 5%, of trade with Hong Kong. The potential size of the markets is reflected by the population of these trading partners. The US has a large and wealthy population of over 240 million, the combined population of the contracting states of the EPC represents a potential market of about 325 million people, China with its population of over one billion has a very substantial potential market and Japan has a potential market of about 120 million people.

5.28.

Some reflection of the use made of Hong Kong's patent system by our major trading partners is given in Table A of Chapter 7 which shows that 36% of the patents registered in Hong Kong originate from the US, less than 1% from China, 35% from the EC and other countries who are members of the EPC and 25% from Japan.

It appears that China, Japan, the member states of the European Paten Convention, which includes almost all of the European Community countries, and the United

5.29.

42

applic 24,00

23% 1

Japan

5.34.

is in 1 33,64: (44%) from c

5.35.

show c

of the

5.36.

worldy

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