TNAG-2890-FCO40-4162-Reform-and-localisation-of-the-Hong-Kong-Patent-System-1993 — Page 196

Clause

(3)

(4)

54.

55.

This clause will also contain provisions, based on the 1977 Act s.60 (5) and (6), setting out the acts which would not constitute an infringement.

This clause should provide for a definition of "import" and "goods in transit" similar to the definitions contained in s.2 of the Trade Descriptions Ordinance and s.2 of the Customs and Excise Ordinance so that goods which are brought into Hong Kong solely for the purpose of taking them out and which do not leave the vessel, vehicle or aircraft are not considered as imported into Hong Kong for the purposes of this clause. This clause should also provide for a definition of "goods in transhipment" to provide that goods that are consigned on a through bill of lading or a through air waybill from a place outside Hong Kong to another place outside Hong Kong, but which are transferred from one vessel, vehicle or aircraft in Hong Kong to another vessel, vehicle or aircraft in Hong Kong, are not considered as imported for the purposes of the proposed Patents Bill. This clause will also contain special provisions exempting from liability 'innocent carriers' namely those unconnected with the transaction.

Proceedings for infringement of HK patent

This clause will contain provisions based on the 1977 Act s.61, suitably adapted to take note of any specific requirements in Hong Kong, setting out the type of civil proceedings which may be brought by the proprietor of a patent in the court in respect of any alleged act of infringement namely injunctions, order for delivery up or destruction of the infringing products, damages and for account of the profits.

Restriction on recovery of damages for infringement

This clause will contain provisions based on the 1977 Act s.62, suitably adapted to take note of any specific requirements in Hong Kong, imposing restrictions on the recovery of damages where the person allegedly infringing proves that at the date of the infringement he was not aware and had no reasonable ground for supposing that the patent existed.

124

Notes

1977 Act s.61

1977 Act s.62