Staffing
8.22.
There is a limited number of highly qualified technical personnel in Hong Kong. This shortage is common to several of the major patent offices. Those with which members of this committee have had contact have reported difficulties in recruiting, training and retaining suitably qualified staff. The specialist nature and the complexity of the task of examination is discussed in chapter 4. Any system for the original grant of patents would require substantial numbers of highly qualified technical personnel to do the searching and examination work. It is arguable that Hong Kong's economic development demands that these scarce individuals must be employed productively in development work in the private sector rather than in administration in the public sector. The world-wide shortage of patent examiners also means that it would be difficult to attract personnel from overseas.
8.23.
In summary, any new system must take realistic account of the resource requirements and the level of the costs to applicants.
Continuity of patent rights
8.24.
The new system must allow for the continued protection of existing patents. A new system which is radically different from the existing system would require complex transitional provisions.
8.25.
We believe that any new system must ensure that, as at present, anyone can apply for registration by taking a specified route and that the categories of invention should be no more restricted than they are now.
8.26.
Hong Kong's present system complies with its international obligations, and any new system must continue to do so. Restrictions on the right of other countries' nationals would be in breach of the Paris Convention. Restricting the categories of inventions which can be protected could put Hong Kong in breach of the proposed TRIPs agreement.
Needs of local businesses
8.27.
The requirements of local businesses were an important factor in our deliberations. In outline, there is a need to protect inventions of Hong Kong businesses whether or not those inventions have a long commercial life. It is important for local businesses that overseas investors continue to invest here, so laws must be retained which protect the technology of overseas investors. There must be a settled system providing strong protection to overseas inventors so that they are not discouraged from allowing the exploitation of their inventions by local licensees.
8.28.
Hong Kong is not a major centre for original research and development. Most applied research involves in-house development of light consumer goods and items for fast changing markets. Few of these items have a market life of more than a few years. Local businesses are likely to seek protection that can be obtained as quickly and as cheaply as possible. Given the time and expense necessary to obtain a United Kingdom patent or a
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