TNAG-2890-FCO40-4162-Reform-and-localisation-of-the-Hong-Kong-Patent-System-1993 — Page 64

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International Conventions

11.

The PSC has also taken note of HK's obligations under the Paris Convention and the possible outcome of the GATT TRIPS negotiations and the draft Treaty on the Harmonization of Patent Laws under WIPO auspices. The Committee considers that the proposals outlined above would allow for the continued application of the Paris Convention and comply with the current TRIPS and Patent Harmonization proposals.

Petty patents

12.

The PSC recommends (by a majority decision) a non-examination petty patent system for Hong Kong to protect inventions for

for products and processes with only a short-term commercial life. It is intended that the new patent law with suitable modifications would apply to petty patents. In particular a petty patent would be available for all types of technology and would have the same level of patentability as a patent.

13.

Such a system will provide for application to be made and the patent granted in Hong Kong after an examination of the formal requirements only. PSC recommends certain additional requirements to provide safeguards against abuse. The term of protection will be for six years.

14.

The UK does not have a petty patent system. China has a non-examination system for the protection of utility models. The subject-natter of protection is limited to any new technical solution which relates to the shape or structure of a product and which is apt to be used in practice. Unlike patents for invention, HK does not intend to register utility models from China.

Likely Chinese reaction

15.

The

proposed independent patent system 18 in accordance with the basic policies spelt out in the Sino-British Joint Declaration and the Basic Law. Indeed Basic Law specifically requires the HKSAR, "on its own, formulate policies on science and technology and protect law achievements in scientific and technological research, patents, discoveries and inventions."

the

to by

16.

In the last couple of years, there have been several contacts between the Intellectual Property Department and its Beijing counterparts. The CPO is aware that HK has limited choice for its localized patent system. The PSC's recommendation to adopt a registration system would not come as a surprise. Although there may be disapproving noises about the choice of the EPO, the

some

/CPO