TNAG-2890-FCO40-4162-Reform-and-localisation-of-the-Hong-Kong-Patent-System-1993 — Page 197

Clause

Notes

56.

Relief for infringement of partially valid HK patent

57.

58.

This clause will contain provisions based on the 1977 Act s.63, suitably adapted to take note of any specific requirements in Hong Kong, for the court to provide relief for infringement where the patent is found partially valid.

Right to continue use begun before priority date

This clause will contain provisions based on the 1977 Act s.64, suitably adapted to take note of any specific requirements in Hong Kong, to provide that a person, who in good faith before the priority date (namely the date of filing the EPA in the EPO as defined or determined under Clause 70) does an act in Hong Kong which would constitute an infringement, has certain rights to continue such use.

Certificate of contested validity of HK patent

This clause will contain provisions based on the 1977 Act s.65, suitably adapted to take note of any specific requirements in Hong Kong, to provide that an applicant may obtain from the court a certificate of validity in certain circumstances.

1977 Act s.63

1977 Act s.64

1977 Act s.65

59.

Proceedings for infringement by a co-owner

This clause will contain provisions based on the 1977 Act s.66 suitably adapted to take note of any specific requirements in Hong Kong.

60.

Proceedings for infringement by exclusive licensee

This clause will contain provisions based on the 1977 Act s.67, suitably adapted to take note of any specific requirements in Hong Kong.

61.

Effect of non-registration on infringement proceedings

This clause will contain provisions based on the 1977 Act s.68, suitably adapted to take note of any specific requirements in Hong Kong.

125

1977 Act s.66

1977 Act s.67

1977 Act s.68