European patent designating UK, local businesses are unlikely to seek patent protection except for inventions of long-term value. We consider that this state of affairs is unlikely to change significantly in the foreseeable future. This issue is developed further in chapters 11 to 13 which relates to the need for a parallel (petty patent) system tailored for inventions of a short commercial duration.
8.29.
It is also important that the system remains compatible with other patent systems, particularly in those of Hong Kong's major markets. An exclusive right to do a particular act in Hong Kong is of little value if that act is not protected in the markets to which products incorporating the invention are exported.
8.30.
The interests of Hong Kong's businesses as users of technology must not be overlooked. Despite the expected increases in innovative research in Hong Kong, it is likely that Hong Kong will continue to rely heavily on overseas product specifications. Manufacturing, especially for export, remains a vital part of the Hong Kong economy. Many protected inventions are incorporated, under licence, into products made by Hong Kong businesses. For this reason it is in the interest of local businesses that any new patent law continues to provide a settled system for the protection and licensing of patents.
Needs of overseas businesses investing, manufacturing or selling in Hong Kong
8.31.
The needs of overseas businesses may be quite different from those of Hong Kong businesses. Typically, an overseas business investing in Hong Kong will be a relatively large, well-established, international company selling, and perhaps manufacturing, products in more than one country. It is also more likely to be aware of the procedures and benefits involved in seeking legal protection for its products, and is likely to have done so in its major markets.
8.32.
Because any major patentable invention will have been patented in one or more of the world's major patent offices, overseas businesses are likely to find a registration system more attractive than an original grant system for Hong Kong. This is because it is cheaper, simpler and quicker to register a patent already granted than it is to apply for an original patent.
8.33.
In essence it is in the interest of overseas businesses that any new system continues to recognise their rights and continues to protect the range of inventions presently protected.
The need to protect the public interest
8.34.
It is important for Hong Kong's reputation that it has a patent system that commands respect and meets the needs of business and trading communities. Any new system must provide certainty and consistency of rights, and provide the full range of protection available under the systems of the developed countries. In other words, Hong Kong's system must be commensurate with its status as a rapidly developing economic entity.
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