TNAG-2890-FCO40-4162-Reform-and-localisation-of-the-Hong-Kong-Patent-System-1993 — Page 155

8.35.

Whilst the benefits of effective patent protection are clear, there is a risk that the system can be abused. Care should be taken to ensure that large businesses do not abuse patents as instruments for the acquisition and maintenance of monopolistic market positions. Particular attention should be paid to ensure that patents are not used to prevent competitors from making or selling goods in Hong Kong, whilst the patentee does not invest or make or sell goods here either. In other words, there should be certain use requirements imposed on the patentee. Any failure by the patentee to meet these requirements should enable the grant of a licence allowing someone else to exploit the invention.

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