TNAG-2890-FCO40-4162-Reform-and-localisation-of-the-Hong-Kong-Patent-System-1993 — Page 170

Crown use (Part VIII of the proposed Patents Bill)

10.32. We propose that the current provisions contained in ss.7A to 7D of the Registration of Patents Ordinance for Crown use should in principle continue. We note however that the same considerations discussed under paragraph 10.31 above will apply and the proposed legislation will have to take account of any relevant international obligations in this respect.

Infringement (Part IX of the proposed Patents Bill)

Rights given to the proprietor of a HK patent

10.33.

We propose that the proprietor of the HK patent should have the same rights as at present conferred on the proprietor of a UK patent under the 1977 Act which will ensure that the rights given to the proprietor will be no less than those enjoyed by proprietors under the existing system.

10.34.

The proposed legislation will accordingly provide that the proprietor of the HK patent shall have the right to prevent third parties not having his consent :

(a)

(b)

(c)

where the invention is a product, from making, using, disposing of or offering to dispose of, importing or keeping the product;

where the invention is a process, from disposing or offering to dispose of, using or importing any product obtained directly by means of that process; and

from supplying in Hong Kong any person with any means for putting the invention into effect when he knows or should be expected to know that those means are suitable to put the invention into effect in Hong Kong (except where the invention is a staple commercial product) i.e. so called contributory negligence.

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Proceedings before the court

10.35.

Any proceedings in respect of the infringement of a patent must be brought before the court and the remedies available to the proprietor will include injunctions, damages, accounting for profits and orders for delivery up or destruction of infringing products.

Meaning of "import", "goods in transit" and "goods in transhipment"

10.36.

We consider that there should be specific provisions to define the meaning of "import", "goods in transit" and "goods in transhipment" so that the current position on this point, as it relates to patents, continues to apply under the proposed legislation. We recommend therefore that similar definitions for "import" and "goods in transit" to those

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