Clause
Notes
с
62.
Infringement of rights conferred by publication of request to record
1977 Act s.69
(1)
This clause will contain provisions based on the 1977 Act s.69, suitably adapted to take note of any specific requirements in Hong Kong.
(2)
(3)
These provisions will give to the applicant for a request to record the same rights, as from the date of publication of the request to record under Clause 12(1), to bring proceedings in the court for damages in respect of any act which would have infringed the patent as he would have had if the HK patent had been granted on the date of the publication of the request to record.
The applicant will only be able to bring such action after the HK patent has been granted and published in accordance with clause 17.
63.
Remedy for groundless threats of infringement proceedings
1977 Act s.70
64.
This clause will contain provisions based on the 1977 Act s.70, suitably adapted to take note of any specific requirements in Hong Kong, to enable a person aggrieved by groundless threats to bring proceedings in the court against the person making such threats. Proceedings may not be brought where the alleged infringement consists of making the product or using the process.
Declaration or declarator as to non-infringement
This clause will contain provisions based on the 1977 Act s.71, suitably adapted to take note of any specific requirements in Hong Kong, to enable application to be made to the court for a declaration that a proposed act would not constitute an infringement.
126
1977 Act s.71
6
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