TNAG-2890-FCO40-4162-Reform-and-localisation-of-the-Hong-Kong-Patent-System-1993 — Page 31

JUERME

HOUSE HONG KONG.

HED 61 DEC 93 10:23

PG.01

CONFIDENTIAL **

Localisation of Hong Kong's Patent System

Introduction

This paper has been prepared by the British side as a basis for consultation on the independent patent system proposed for Hong Kong.

Background

2.

Hong Kong's patent

law is currently dependent on United Kingdom patent law. Patent protection is obtained by registering in Hong Kong with the Registrar of Patents a United Kingdom patent or European Patent designating the United Kingdom (European patent (UK). The Director of Intellectual Property is the Registrar of Patents. The patent remains in force in Hong Kong as long as it remains in force in the United Kingdom.

3.

As this system is not appropriate for Hong Kong after 30 June 1997, a Patents Steering Committee (PSC) was established by the Hong Kong Government in 1986 to study and recommend what patent system should be adopted in Hong Kong. The Committee's report was submitted to the Hong Kong Government in January 1993 and published for consultation in May 1993.

PSC's Proposal

4.

The Patent Steering Committee (PSC) recommends for Hong Kong an independent patent system which is cost-effective,

well respected and in line with international standards.

It adopts an evolutionary approach designed to provide continuity with the existing system while discontinuing the present dependency on the United Kingdom patent system. It also provides for the eventual recognition of Chinese patents in Hong Kong.

5.

The

recommendations:

(a)

(b)

PSC's report

contains

three

main

to establish an independent patent system in Hong Kong with its own legislation and administrative system for the protection of inventions to be based on the registration of patents granted by the European Patent Office (EPO) and additionally, in the second phase, of patents granted by the Chinese Patent Office (CPO);

to introduce a petty patent system to protect inventions for processes and products with only a short term commercial life; and