TNAG-2890-FCO40-4162-Reform-and-localisation-of-the-Hong-Kong-Patent-System-1993 — Page 208

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

Clause

116.

Offences by corporations

This clause will contain provisions based on the 1977 Act s.113, suitably adapted to take note of any specific requirements in Hong Kong, to provide that, where an offence is committed by a body corporate and it is proved to have been committed with the consent of a director or other authorised officer, such officer will also be guilty of that offence.

PART XIX

PATENT AGENTS AND OTHER REPRESENTATIVES

Notes

1977 Act s.113

117. Persons permitted to carry on business of a patent agent

118.

This clause will contain provisions based on the 1988 Act s.250, suitably adapted to take note

take note of any specific requirements in Hong Kong, stating who may carry on the business of acting as agent for others for the purpose of applying for or obtaining patents in Hong Kong and conducting proceedings before the Registrar relating to or in connection with patents.

The register of patent agents

This clause will provide, based on the 1988 Act s. 251, suitably adapted to take note of any specific requirements in Hong Kong, that the Governor in Council may make Rules requiring the keeping of a register of persons who act as agents for others for the purposes of applying for or obtaining patents. These Rules may also contain such provisions as the Governor in Council thinks fit to regulate the persons who may be entered on the register.

NOTE

We consider that only those persons who have the relevant qualifications should be able to act as patent agents for the purposes of applying for or obtaining a patent in Hong Kong. We consider that those persons who are entitled to be entered on the register referred to in this clause should be solicitors of

1977 Act s.84 1988 Act s.250 to s.258

1988 Act s.251

136

Cla

11'

(1)

(2

12

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