TNAG-2890-FCO40-4162-Reform-and-localisation-of-the-Hong-Kong-Patent-System-1993 — Page 190

Clause

Notes

34.

35.

36.

on application and may determine any question which may be necessary for it to decide. Rules of the court will be required to provide for notification of the Registrar and for giving effect to any order of the court.

Co-ownership of HK patents and applications for HK patents

This clause will deal with the rights of co-proprietors of HK patents and will be based on EPC Article 59 and 1977 Act s.36 suitably adapted to take note of any specific requirements in Hong Kong.

Determination of right to HK patent after grant

This Clause based on 1977 Act s.37, suitably adapted to take note of any specific requirements in Hong Kong, will provide that after grant of a HK patent any person may refer to the court the question as to whether he is the true proprietor of the patent or whether it should have been granted to him. Rules of the court will be required to provide that the Registrar is to be notified of such an action.

Effect of transfer of HK patent under clause 35

This clause will contain provisions, based on 1977 Act s.38, suitably adapted to take note of any specific requirements in Hong Kong, setting out the effect of a transfer of the HK patent under Clause 35 on rights, licensees etc.

1977 Act s.36 EPC Art. 59

1977 Act s.37

1977 Act s.38

PART VI

EMPLOYEES INVENTIONS

37.

Right to employees inventions

This clause will contain provisions, based on the 1977 Act s.39 suitably adapted to take note of any specific requirements in Hong Kong, setting out the rights of an employee as between himself and his employer with regard to inventions made in the course of the employees normal duties. Any other invention made by an employee shall as between himself and his employer be taken to belong to the employee.

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1977 Act s.39