I-
1795
declare
8.-(1) The Supreme Court shall have power, upon the Power to application of any person who alleges that his interests have exclusive been prejudicially affected by the issue of a certificate of privileges
not acquired. 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 ex- clusive 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 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 patent in the United Kingdom and prior to the date of the issue of the certi- ficate of registration under section 5.
tion or
9. Whenever the specification or drawings of a United Amendment Kingdom patent registered in Hong Kong has or have been of specifica amended by way of disclaimer, correction or explanation, ac- drawings. cording to the law of the United Kingdom, a request, accom- panied by a copy of the specification and drawings (if any) as amended, duly certified by the Comptroller General of the United Kingdom Patent Office, may be made to the Registrar to substitute a copy of the specification and drawings as amended for the specification and drawings originally filed.
inent, etc.
10. Where a person becomes entitled by assignment, Registration transmission or other operation of law to the privileges and of assign- rights conferred by a certificate of registration or to any interest therein, he may make application in the prescribed manner to the Registrar of Patents for the entry on the Re- gister of such assignment, transmission or other instrument affecting the title, or giving an interest therein.
prescribing
11-(1) The Registrar may make such Rules and do such Power to things as he may think expedient, subject to the provisions of make rules this Ordinance, for prescribing the procedure under this Ordi- procedure nance and the fees to be paid in respect of proceedings under and fees. this Ordinance: Provided always that no such Rules shall come into operation until the same have been approved by the` Legislative Council and published in the Gazette.
(2) The Rules in the Schedule shall be in force except as Schedule. they may be rescinded, added to or amended by Rules made under sub-section (1).
No. 13
12.-(1) The Registration of United Kingdom Patents Repeal of Ordinance, 1925, the Registration of United Kingdom Patents of Amendment Ordinance, 1928, and the Registration of United 1925, No. 10 Kingdom Patents Amendment Ordinance, 1932, are repealed. No. 18 of
of 1928, and
1932.
as to
1925.
(2) Notwithstanding the repeal of the Patents Ordinance. Saving 1892, by section 13 of the Registration of United Kingdom Ordinance Patents Ordinance, 1925, all rights, obligations and duties con- No. 2 of ferred or imposed by or under the provisions of the Patents 1892,
repealed by Ordinance, 1892, and still subsisting immediately before such Ordinance repeal, including the rights, obligations and duties conferred No. 13 of or imposed by section 8 of the Patents Ordinance. 1892, shall, for all purposes whatsoever, be deemed to have continued to subsist after such repeal, and shall, unless expired before the commencement of this Ordinance, be deemed to continue to subsist, in all respects, and to such extent, as if the said Ordi- nance had not been repealed: Provided that user and pub-
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