TNAG-1054-FCO40-1304-Trade-relations-between-Hong-Kong-and-the-UK-1981 — Page 91

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

disseminates information and offers advice to manu- facturers on the health and safety requirements of Hong Kong's major export markets.

Patents

Hong Kong's legislation does not provide for the original grant of patents, but those granted in the United Kingdom are registrable in Hong Kong under the Registration of United Kingdom Patents Ordin- ance. This provides that the grantee of a patent in the United Kingdom may, within five years from its date of issue, apply to have it registered in Hong Kong. Such registration confers rights as though the patent had been issued in the United Kingdom with an extension to Hong Kong.

Designs

Hong Kong's legislation does not provide for the local registration of designs, but under the United Kingdom Designs (Protection) Ordinance enacted in Hong Kong anyone who has registered a design in the United Kingdom under the United Kingdom Registered Designs Act (1949), enjoys the same rights as if the certificate or registration in the United Kingdom had been issued with an extension to Hong Kong. Auto- matic protection for original designs without registra- tion is also conferred by the Copyright Ordinance (1973).

Determining breaking strength of textile fabrics.

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Copyright

Under the Copyright Ordinance, protection is afforded to every original literary, dramatic, musical or artistic work (which, for this purpose, includes designs) whose author was domiciled or resident in Hong Kong or in a Convention country at the time when the work was made or first published. Power to enforce the Ordinance is vested in the Director of Trade Industry and Customs. As a means of providing evidence of copyright ownership, the Federation of Hong Kong Industries maintains a design depository. A fee of HK$75 (US$15) is charged for each design deposited.

Merchandise Marks

The Hong Kong Merchandise Marks Ordinance pro- vides protection against the false application of trade marks and the false use of trade descriptions.

Trade Marks

Trade marks are registrable in Hong Kong under the Trade Marks Ordinance, which is based on the Trade Marks Act 1938 of the United Kingdom. Every trade mark, even if already registered in the United Kingdom or any other country, must satisfy all the requirements of the Hong Kong Trade Marks Ordinance before it may be accepted for registration with the Trade Marks Registry.

Export Credit Insurance

Hong Kong's manufacturers and traders selling Hong Kong-made products to overseas markets on credit terms can insure the risks of not being paid by their buyers with the Hong Kong Export Credit Insurance Corporation (ECIC), established by the Government as a non-profit-making organisation. ECIC's protective facilities match those of any other exporting country. The possible losses caused by buyers' bankruptcy, insolvency, default and repudia- tion of contract are covered, in addition to the political and economic risks involved in export sales. The indemnity percentage is 90 per cent. Premium rates depend on the export market and the length of credit, averaging HK$5 per HK$1,000 insured value (US$1 per US$200) taken over ECIC's entire risk portfolio.

ECIC also protects medium and long-term credit sales abroad of capital goods produced in Hong Kong such as machinery, ships and containers. Banks in Hong Kong can obtain ECIC's unconditional gua- rantee of payment for such transactions to facilitate their financing.

The Corporation's commitments are guaranteed by the Government, and total liabilities up to a maximum of HK$2,000 million (US$400 million) can be under- taken at any one time.

The Corporation's policies are available to any company registered in Hong Kong, regardless of the nationality of its owners, partners or shareholders. It is a member of the International Union of Credit and Investment Insurers (the 'Berne Union').

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