Clause
44.
(1)
(2)
PART VII
COMPULSORY LICENCES
Compulsory licences
This clause is to be based on the 1977 Act s.48, suitably adapted to take note of any specific requirements in Hong Kong, and will provide that at any time after 3 years (or any other prescribed period) from the date of issue of the certificate of grant of the HK patent any person may apply to the court for a licence under a HK patent.
The grounds for applying for such a licence will be based on the following, namely that :
(a)
(b)
(c)
(d)
(e)
the patented invention is either not being commercially worked or is not being worked to its full potential even though it is capable of being so worked;
where the patented invention is a product, that demand for the product in Hong Kong is not being met on reasonable terms or is being met to a substantial extent by importation;
the patented invention is capable of being commercially worked in Hong Kong but is prevented or hindered from being so worked in the case of a product by importation of the relevant product and in case of a process by importation of a product obtained directly by means of the process or to which the process is applied;
by reason of the refusal by the proprietor of the HK patent to grant a licence a market for the export of the product is not being supplied; or the efficient working of another patented product is prevented; or the establishment of commercial or industrial activities in Hong Kong are unfairly prejudiced; and
by reason of conditions imposed by the proprietor of the HK patent on the grant of licences under the patent or on the disposal or use of the patented process the
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Notes
1977 Act s.48