TNAG-2890-FCO40-4162-Reform-and-localisation-of-the-Hong-Kong-Patent-System-1993 — Page 36

JUERM

HOUSE HONG KONG.

HED 01 DEC 93 10:29

CONFIDENTIAL

6

PG.06

機密

(h)

(i)

(j)

(k)

(1)

(m)

(n)

Property in

patents.

A patent, any request to record and an application for grant of a patent will be personal property capable of being transferred, assigned, licensed and mortgaged.

Surrender of patents.

The proprietor of a patent may surrender his patent in the manner specified in the law,

Right to employees' inventions. The law will contain provisions setting out the rights to an invention as between the employee and the employer. Ownership in an invention will belong to the employee unless it is made by the employee during the course of his normal duties or assignments or where there was 2 special obligation to further the interests of the employer.

of

certain

Compensation

employees for inventions. Employees may apply to the court in the circumstances specified in the law for an award of compensation where the employee has made an invention belonging to the employer for which a patent is granted and where the invention is such as to warrant the award of compensation. The court may award such compensation calculated in accordance with the provisions of the law after taking into account all the circumstances of the

case.

Compulsory licenses. Any person may make an application to the court at any time after 3 years from the grant of the patent for a compulsory licence.

Subject to any relevant international obligations and Hong Kong's circumstances, the law will specify the grounds and circumstances which may justify the grant of a compulsory licence by the court and the terms and conditions on which it may be granted.

Government use. international requirements in Hong Kong, the law will contain provisions to allow use by the Government of an invention protected by a patent upon such terms and conditions as may be agreed or as determined by the court.

Subject to any relevant obligations and

specific

Rights given to the proprietor of a patent. The law will specify the rights of the proprietor of a patent. These will include the right to prevent third parties not having his consent from making, disposing of,

offering to dispose of, using or