TNAG-2890-FCO40-4162-Reform-and-localisation-of-the-Hong-Kong-Patent-System-1993 — Page 41

GOVERMENT HOUSE HONG KONG.

HED 01 DEC 93 10:35

CONFIDENTIAL

11

PG.11.

機密

12

It would also

be

necessary to discuss with both the UKPO and the CPO on the technical feasibility of such proposed arrangements. It is therefore intended that the question of the PCT will be the subject of separate consultations.

The Basic Law

29.

The following provisions of the Basic Law are relevant to the proposal:

30.

(a)

(b)

Article 139 requires the government of the Hong Kong Special Administrative Region to, on its own, formulate policies on science and technology and protect by law achievements in scientific and technological research, patents, discoveries and inventions;

Article 153 provides that international agreements implemented in Hong Kong

Kong may continue to be implemented in

Kong Special Administrative Region.

the

Hong

In the view of the British side, the proposed independent patent law and system for Hong Kong would be compatible with the provisions of the Basic Law.

Future Adaptation

31.

Nearer

to 1997 certain

certain adaptations to the new patent legislation will be required to ensure that it does not contravene the Basic Law. Provisions which will require such

such adaptation include references to the Governor in Council and the Governor. Any such adaptions will be the subject of consultation with the Chinese side in accordance with the agreed principles.

Agreement Sought

32.

(a)

(b)

The Chinese side is asked to:

agree to the establishment of an independent patent system in Hong Kong and the enactment of a patent law along the lines described in this memorandum;

note that the Patent Cooperation Treaty will be the subject of separate consultations.

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