TNAG-2890-FCO40-4162-Reform-and-localisation-of-the-Hong-Kong-Patent-System-1993 — Page 209

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

Clause

Notes

119.

(1)

the Supreme Court of Hong Kong, a European Patent Attorney whose name appears on the European List referred to in Article 61 of the EPC and any other person who satisfies the Registrar in accordance with any Rules made under Clause 118.

Restrictions on practice as patent agent

This clause will contain provisions based on the 1988 Act s. 252 and s.253, suitably adapted to take note of any specific requirements in Hong Kong, prohibiting an individual, partnership or body corporate from :

(i)

(ii)

carrying on business under any name or other description which contains the words 'patent agent' or 'patent attorney' unless they are entered on the register of patent agents; or

from carrying on business under any name or business which contains the words "European patent attorney" or "European patent agent" or holds himself out as a European patent attorney or European patent agent unless they are entered on the European list referred to in Article 61 of the EPC.

1977 Act s.114 1988 Act s.252

& s.253 EPC Art. 61

(2)

This clause will also provide that any person who contravenes the provisions commits an offence.

120. Right of audience before the Registrar in patent proceedings

This clause will contain provisions based on the 1977 Act s. 102 (1), as amended by the 1988 Act s.257, suitably adapted to take note of any specific requirements in Hong Kong, that a party to any proceedings before the Registrar under the proposed Patents Bill or under any treaty which is applied to Hong Kong may appear before the Registrar in person or be represented by a member of the Bar of Hong Kong, a solicitor of the Supreme Court of Hong Kong or by any person he desires to represent him subject to Clause 106.

1977 Act s. 102

1988 Act s.257

137

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