TNAG-2890-FCO40-4162-Reform-and-localisation-of-the-Hong-Kong-Patent-System-1993 — Page 195

Clause

3

52.

Notes

References of disputes as to Crown use

This clause will contain provisions, based on the current provisions contained in s.7D of the Registration of Patents Ordinance, in relation to the reference to the court of any disputes relating to such Crown use. Such provisions will need to be suitably amended to take note of the 1977 Act s.58 and to be adapted to any specific requirements in Hong Kong.

1977 Act s.58

Cap. 42 s.7D

PART IX

INFRINGEMENT

33

53.

(1)

(2)

Meaning of infringement

This clause will provide, based on the 1977 Act s.60, that a person infringes a HK patent for an invention if while the patent is in force he does any of the following acts in Hong Kong in relation to the invention without the consent of the proprietor namely:

(a) where the invention is a product he makes, disposes of, offers to dispose of, uses or imports the product or keeps it whether for disposal or otherwise,

(b)

(c)

where the invention is a process he disposes of, offers to dispose of, uses or imports any product obtained directly by means of that process or keeps that product whether for disposal or otherwise,

where the invention is a process he uses the process or offers it for use in Hong Kong when he knows or it is obvious to a reasonable person in the circumstances that its use without the consent of the proprietor would be an infringement.

This clause will contain provision based on the 1977 Act s.60(2) and (3) to provide that a person infringes a HK patent where, without the consent of the proprietor of the patent, he supplies or offers to supply a person in HK with any of the essential means to put the invention into effect when he knew or should have known that those means were sufficient to put the invention into effect in HK.

123

1977 Act s.60

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