TNAG-2890-FCO40-4162-Reform-and-localisation-of-the-Hong-Kong-Patent-System-1993 — Page 193

Clause

(3)

manufacture, use or disposal of materials not protected by the patent or the establishment of commercial or development activities, are unfairly prejudiced.

The court on application, if it is established that the grounds apply, may order the grant of a licence on such terms as it thinks fit and it may, in cases where the application is based on the ground that it is not being commercially worked, adjourn the hearing until such time has elapsed as will give the proprietor sufficient time for the invention to be so worked.

Note

(1)

(2)

These provisions will need to be considered in the light of any international agreements reached on this subject.

Licences of Right

It is recommended that the proposed legislation should not contain provisions similar to those contained in 1977 Act s.46 and 47 under which the proprietor of a patent may apply for an entry to the effect that licences under the patent are available as of right.

45.

Provisions about licences under Clause 44

This clause will contain provisions based on the 1977 Act s.49, suitably adapted to take note of any specific requirements in Hong Kong.

46.

Exercise of powers on applications under Clause 44

47.

This clause will contain provisions based on the 1977 Act s.50, suitably adapted to take note of any specific requirements in Hong Kong.

Opposition, appeal and arbitration

This clause will contain provisions based on 1977 Act s.52, suitably adapted to take note of any specific requirements in Hong Kong, so that the proprietor of the HK patent or any other person may oppose an application under Clause 45 by giving notice to the court. There will be provisions to enable such person to appear at the hearing with provision for the matter to be referred to arbitration in certain circumstances.

121

Notes

1977 Act s.49

1977 Act s.50

1977 Act s.52