12071-1909-Bills-read-a-first-time--Public-Service-Transfer-of-Duties — Page 6

350

THE HONGKONG GOVERNMENT GAZETTE, JUNE 11, 1909.

Section 5. The new section 5 (1) is the existing sec- tion 5 with the addition of the words subject to the provisions of sub-scetions (2) and (3)" and with the sub- stitution of "such statutes as are now or may hereafter be in force" for the words "statutes now in force ".

Sub-section (2) carries out in a concise form the instruc- tions of the Secretary of State in the final paragraph of his despatch No. 52 of the 17th March, 1909.

Sub-section (3). The Secretary of State in the fourth paragraph of his despatch directs that the Ordinance should be so amended as to lay down clearly the consequences of revocation in England of a patent also registered in Hong- kong, and the procedure to be adopted with regard to the registration of such revocations.

Under the English Act :-

(a.) The Board of Trade if satisfied that the reasonable requirements of the public with respect to a patented invention have not been complied with may refer the matter to the Court, who may grant a compulsory licence or revoke the patent-section 25.

(b.) The Comptroller may revoke patents on certain

grounds-section 26.

(c.) Patents worked outside the United Kingdom

may be revoked – Section 27.

In Hongkong all revocations, except in the rare cases in which the registered owner may desire to have his own Letters Patent revoked, should be the subject of petition to the Court.

As Hongkong is not a large place there seems no neces- sity to empower the Court to grant compulsory licences, nor is such necessity likely to arise.

Patents may be revoked in England for various causes none of which it is possible, would hold good in this Colony, and it would therefore be manifestly unfair to revoke patents solely on the ground that they have been revoked in England.

The new sub-section gives the Court power to revoke a patent on proof being given that circumstances exist in this Colony in regard to an invention similar to those which lead to the revocation of a patent in England.

Section 8. Proposed sections 12 and 13. If an inven- tion is usel and published without the protection of Letters Patent, whether with or without the consent of the in- ventor, the inventor loses his right to claim Letters Patent.

It happens from time to time-there was a case recently —that a man brings an invention ready for sale in the Hongkong market and applies for Letters Patent here. Owing to some informality the matter has to be referred to England for further documents, and the owner can in the meantime put his goods in the market only at his own risk.

These sections are founded on section 4 of the English Act with modifications rendered necessary by the local circumstances.

Section 12 allows provisional protection in a case e.g. when the papers are not in order.

Section 13 extends provisional protection to an inventor who makes an invention in the Colony and is exposed to the risk of having his invention discovered and copied, and so of losing his rights, during the period necessary for him to apply for and obtaiu Letters Patent in England and thereafter in Hongkong.

"!