(f)
the need to maintain compatibility with other intellectual property laws in Hong Kong (paragraph 8.11);
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(g)
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the continuation of the use of the English language for the patent system (paragraphs 8.12 to 8.18);
(h)
the retention of common law principles (paragraph 8.19);
(i)
the continued protection of existing patents (paragraph 8.24);
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(1)
the obligation to ensure that those who can currently seek registration will continue to have that right (paragraph 8.25);
(k)
(1)
the required financial resources and staff and the requirement that the fees be set in such a way that the system is self funding without being so high that registration is discouraged (paragraphs 8.21 to 8.23); and
the requirements of local industry, overseas businesses, and the public (paragraphs 8.27 to 8.35).
Assessment of options for a patent system in Hong Kong
Original grant in Hong Kong without search or examination (a non-examination system)
9.22.
As outlined in chapter 4 a straightforward non-examination system with no search or examination has the potential for abuse and does not give certainty to the patent holders or to the public and would impose an undesirable burden on the judiciary. For these reasons, we do not recommend a non-examination system for Hong Kong.
Original grant in Hong Kong after search and examination in Hong Kong (examination system)
9.23.
As discussed in paragraphs 4.15 and 4.18, there are several attractions in establishing a system of original grant with full search and examination carried out in Hong Kong. If viable, this system offers independence. However, as noted in paragraph 4.18, such a system is expensive and cannot be self-financing where there is a relatively small number of applications. We consider that in the light of the high costs referred to in chapter 4 and a realistic assessment of the likely number of applications, a system of original grant after search and examination in Hong Kong cannot be self-financing.
9.24.
As noted in paragraph 4.43, it would take many years before a Hong Kong patent registry of original grant could develop the necessary expertise and experience to command the respect of the international community.
9.25.
It has also been established in chapter 4 that the task of examining patents is a specialised one. Finding those with the required skills is difficult and expensive. Hong Kong does not have many people with such skills, and those skilled people which it does
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