XN000022-1996-07-10 — Page 43

- 21 -

Patents Bill

Following is the speech by the Secretary for Trade and Industry, Miss Denise Yue, in moving the second reading of the Patents Bill in the Legislative Council today (Wednesday):

Mr President,

I move that the Patents Bill be read the Second time.

The purpose of the Bill is to establish an independent patent registration system in Hong Kong, which is in line with international standards and will continue through 1997, for the protection of inventions.

A patent protects technical innovation. A patent system encourages new technology by granting the inventor a patent for his invention which gives him the right to exploit his invention for a set term. An inventor in exchange is required to make his invention public. The disclosure of this invention provides a major source of technical information to other inventors, businessmen and other users.

At present, there is no original grant of patents in Hong Kong. We register in Hong Kong United Kingdom patents and European patents designating the United Kingdom. A local patent law needs to be enacted before July 1, 1997 because the existing patent registration law is dependent on United Kingdom patent law. The Patents Bill aims to achieve this.

The Bill largely follows the recommendations made by the Patents Steering Committee in its Report issued for consultation in May 1993, and incorporates, where appropriate, comments received from the industrial, professional and academic fields during a consultation exercise conducted in February and March this year.

The Patents Bill provides for the grant of independent patents in Hong Kong based on the registration of a patent granted by designated patent offices. We propose the United Kingdom Patent Office, the European Patent Office designating the United Kingdom, and the Chinese Patent Office as designated patent offices. It also provides for the grant of short-term patents. This will give a new type of protection in Hong Kong for inventions with a short-term commercial life. The Bill sets out the procedures for obtaining and maintaining patents and short-term patents in Hong Kong, the rights given to the owners, and provisions for enforcement.

The basis for the Bill and the new independent patent system have been agreed in the Sino-British Joint Liaison Group.