Chapter 14
International conventions and organisations
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Introduction
14.1.
In this chapter we describe four international conventions affecting patents. Two of these conventions apply in Hong Kong. Two organisations, the World Intellectual Property Organisation and the European Patent Office are also described briefly. International conventions give important rights to member states and to the territories of member states to which the conventions apply. They also impose a number of obligations. Obligations contained in conventions which apply to Hong Kong limit our ability to introduce changes to our patent system. The continued application of conventions currently applied in Hong Kong is provided for by the Joint Declaration. We also have to take into account the emerging international consensus as expressed in treaties under negotiation such as TRIPS.
International conventions applied to Hong Kong
14.2.
We have considered the following conventions which apply to Hong Kong while formulating our proposals -
(a) the Convention for the Protection of Industrial Property 1883, as
revised (the Paris Convention); and
(b)
the Patent Cooperation Treaty 1970 (the PCT).
The Paris Convention for the Protection of Industrial Property 1883
14.3.
The Paris Convention entered into force for the United Kingdom on 6 July 1884. Article 24 provides that any country may declare in its instrument of ratification or accession, or may inform the Director-General of the World Intellectual Property Organization by written notification any time thereafter, that the Convention shall be applicable to all or part of those territories for the external relations of which it is responsible. The United Kingdom, by a notification dated 9 August 1977, informed the Director-General that the convention would apply to Hong Kong, and it was so applied on 16 November 1977.
14.4.
The Paris Convention applies to industrial property in the widest sense, including inventions, and utility models. The substantive provisions of the convention fall into three main categories: national treatment, right of priority and common rules.
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