TNAG-2890-FCO40-4162-Reform-and-localisation-of-the-Hong-Kong-Patent-System-1993 — Page 189

Clause

PART V

PROPERTY IN PATENTS AND APPLICATIONS, AND REGISTRATION

30.

Nature of, and transactions in, patents and applications for HK patents

31.

(1)

(2)

(3)

This clause will be based on 1977 Act s.30 suitably adapted to take note of any particular requirements for HK and will define the nature of a patent and provide that the HK patent, any request to record or any application for grant will be personal property capable of being transferred, assigned, licensed and mortgaged.

Register of HK patents etc.

This clause will provide for the maintenance of a register by the Registrar and will provide for Rules to deal with the information to be entered on the register, the search of the register and the provision of certified copies.

This clause will be based on the 1977 Act s.32 as amended by 1986 Act s.4 suitably adapted to take note of any particular requirements for HK.

There will also be transitional provisions to provide for continuity between the existing system and the new one.

32.

Effect of registration, etc., on rights in HK patents

This clause will set out the effect of registration of any instrument, transaction etc. as against third parties and will be based on the 1977 Act s.33 suitably adapted to take note of any particular requirements for HK. There will also be suitable transitional provisions where required.

33.

Rectification of register

:

This clause will provide, based on 1977 Act s.34, suitable adapted to take note of any specific requirements in Hong Kong, that application can be made by a party aggrieved to the court to rectify the register. The court may rectify the register

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Notes

1977 Act s.30

1977 Act s.32 1986 Act s.4

1977 Act s.33

1977 Act s.34

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