a product produced by any person other than the proprietor has not been obtained from that process be placed on that person. We consider that this would not be inconsistent with the current human rights legislation.
Patent Agents and other representatives (Part XIX)
10.46.
We consider that only the inventor or his successor in title or duly authorised agents acting on behalf of the inventor or his successor in title should be able to apply to register a patent in Hong Kong. We recognise that the law of patents is complex and applications for patents usually require technical expertise. For this reason we consider that agents should have suitable qualifications. Equally, we also recognise that the persons who may be eligible to act as agents should not be unduly restricted and we take note of the trend internationally to liberalise the rules relating to the eligibity of those providing services.
10.47. We accordingly recommend that consideration be given to following the UK provisions for keeping a register of persons who may act as agents for the purposes of applying for or obtaining patents. We also recommend that in any event solicitors admitted in Hong Kong and European Patent Attorneys be entitled to so act and that further consideration be given to other categories of persons of equivalent standards who would be considered as eligible for this purpose.
10.48. We consider that the provisions in the 1977 Act and the 1988 Act placing restrictions on practising as patent agents, and the right of the Registrar to refuse to deal with certain agents be included. We also consider that agents so authorised should have a right of audience before the Registrar but not before the court unless so entitled under other legislation and that there should be the same privilege from disclosure in legal proceedings of communications between such agents and their clients as between solicitors and their clients.
Inspection of documents
10.49. We consider that there should continue to be suitable provision for the inspection of documents and the register after publication.
Transitional provisions (Schedule 3)
Introduction
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10.50. We have explained the need to provide for continuity in the patent system in paragraphs 8.24 to 8.26. We consider that it is important not only to ensure that patents registered with the registry under the current system should continue to be protected but also that persons who are entitled to be registered under the current system and who have taken the initial steps to obtain such protection should also be able to obtain protection under the new system.
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