CO129-313 - Governor Sir Blake - 1902 [10-12] — Page 267

REPORT OF THE ATTORNEY GENERAL.

C.O.

50457

263

& 47 Vict.cap.57 127 (b). The Patent

et 1988

& Ord.2 of

89% s. 5).

e Patent Act 1889,

s.27 (2).

be Patent Ordinance

£ of 1892 s.5.

tent Act 1883.

s.27 1. Patent Ordinance 892. $.5.

With respect to His Excellency's questions

I am of the following opinion:

(1)

Inasmuch as the "Patent" grants the right to

"use and exercise" the invention within the Colony in

such manner as to the Patentee may seem meet he could

not properly be prevented from establishing a station

for that purpose, so long as the Patent remains in force

and unrevoked; for a Patent has the same effect against

the King as it has against his subject.

(2) In England the Crown has the right to use the

invention on terms to be, before or after the use there-

of, agreed on with the Patentee; or, in default of agree-

ment, "settled by the Treasury after hearing all parties"

In HongKong Letters Patent subject the

grantees "to all the provisions affecting Letters Patent

in England."

The Government of HongKong therefore would

not be precluded from establishing in HongKong a Marconi

Station; but such establishment would have to be made on

terms with the Patentee to be settled as above stated.

(3) The Naval Yard being under the administration

of the Admiralty a Department of the service of the

Crown the invention may be used there, though a patent

for such invention has been granted in Hongkong; but on

terms to be settled in the manner stated in reply to

-

question E.