Clause
106.
Burden of proof in certain cases
107.
108.
109.
110.
This clause based on the 1977 Act s.100, suitably adapted to take note of any specific requirements in Hong Kong, will provide that, if the invention for which a patent is granted is a process for obtaining a new product, then the same product produced by a person other than the proprietor of the patent or his licensee will, in any proceedings, be considered as having been obtained by that process, unless the contrary is proved. In considering whether any person has discharged such burden of proof the court shall not require such person to disclose any manufacturing or commercial secrets if the court considers it would be unreasonable to do so.
Exercise of Registrar's discretionary powers
This clause will provide that the Registrar must give to any party in any proceedings before him the right to be heard before adversely exercising any discretion vested in the Registrar by the proposed Patents Bill.
Costs and expenses in proceedings before the court
This clause will contain provisions based on the 1977 Act s.106, suitably adapted to take note of any specific requirements in Hong Kong, to provide for the award of costs and expenses in any proceedings before the court.
Costs and expenses in proceedings before the Registrar
This clause will contain provisions based on the 1977 Act s.107, suitably adapted to take note of any specific requirements in Hong Kong, to provide for the award of costs and expenses in any proceedings before the Registrar.
Licences granted by order of the court
This clause will contain provisions based on the 1977 Act s.108, suitably adapted to take note of any specific requirements in Hong Kong to provide for the effect of licences granted by the court under Clause 44.
134
Notes
C=
1977 Act s.100
11
1977 Act s. 101
11
1977 Act s.106
11
1977 Act s.107
11
1977 Act s.108
11