192411-1932-Supplementary-Draft-Bills--Registration-of-United-Kingdom-Patents-Amendment-Vagrancy-Amendment-Pensions — Page 1

476

Draft Bills.

No. S. 187.-The following bills are published for general information

C.S.O. 3596/22.

A BILL

[No. 24-27.4.32.-2.]

Short title.

Substitu- tion for Ordinance No. 13 of

1925, s. 8. Ordinance No. 10 of 1928.

Ordinance No. 33 of 1931.

Power to declare exclusive privileges not acquired.

Repeal of Ordinance No. 38 of 1951.

INTITULED

An Ordinance to amend the law relating to the Registration

of United Kingdom Patents.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Registration of United Kingdom Patents Amendment Ordinance, 1932.

2. The Registration of the United Kingdom Patents Ordinance, 1925, as amended by the Registration of United Kingdom Patents Amendment Ordinance, 1928, and by the Registration of United Kingdom Patents Amendment Ordin- ance, 1931, is amended by the repeal of section 8 and by the substitution of the following section:

8.(1) The Supreme Court shall have power, upon the application of any person who alleges that his interests have been prejudicially affected by the issue of a certificate of registration, to declare, on any of the grounds upon which the United Kingdom Patent might be revoked under the law for the time being in force in the United Kingdom, that the exclusive privileges and rights conferred by such certificate of registration have not been acquired.

(2) Such grounds shall be deemed to include the manu- facture, use or sale of the invention in Hong Kong prior to the date of the issue of the patent in the United Kingdom, but not to include the manufacture, use or sale of the invention in Hong Kong by some person or persons after the date of the issue of the patent in the United Kingdom and prior to the date of the issue of the certificate of registration under section 5.

3. The Registration of the United Kingdom Patents Amendment Ordinance, 1931 is repealed.

*

Objects and Reasons.

1. In the new section 8 of Ordinance No. 13 of 1925, as amended by Ordinance No. 38 of 1931, enacted by this Ordinance the only changes are the division of the 'section into two sub-sections, the omission of the words "by some person or persons other than the holder of the certificate", and the substitution of the words "prior to the date of the issue of the certificate of registration" for the words “prior to the date of application for registration under section 3".