ENG-1986 — Page 107

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INDUSTRY AND TRADE

Trade Marks Registry, Registrar General's Department. Every mark, even if already registered in the United Kingdom or any other country, must satisfy all the requirements of the Trade Marks Ordinance before it may be accepted for registration. During 1986, 7 686 applications were received and 4 184, including many made in previous years, were accepted and allowed to be advertised. A total of 3 120 marks were registered in 1986, compared with 2 780 in 1985. The principal countries of origin were: Hong Kong, 803; United States, 666; Japan, 345; West Germany, 230; France, 228; United Kingdom, 214; Switzerland, 106; Italy, 102; Netherlands, 97; Taiwan, 47. The total number of marks on the register at December 31, 1986 was 46 453.

Unlike the Trade Marks Registry, the Patents Registry, which is another sub-division of the Commercial Division of the Registrar General's Department, is not a registry of original registration. The Registration of Patents Ordinance provides that any grantee of a United Kingdom patent or European Patent (UK) may, within five years from the date of its grant, apply to have the patent registered in Hong Kong.

A total of 1 010 patents were registered in this way during the year, compared with 1 030 in 1985. Registration of a United Kingdom patent or European Patent (UK) in Hong Kong confers on the grantee the same privileges and rights as if the patent had been granted in the United Kingdom with an extension to Hong Kong. The privileges and rights run from the commencement of the term of the patent in the United Kingdom, and continue as long as the patent remains in force there.

Companies Registry

The Companies Registry of the Registrar General's Department keeps records of all companies incorporated in Hong Kong and of all overseas companies that have established a place of business in Hong Kong.

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Local companies are incorporated under the Companies Ordinance which was originally based, to a large extent, on the Companies Act 1929 - formerly in force in Britain but now replaced by various statutes culminating in the Companies Act 1985. However, following recommendations made by the Companies Law Revision Commit- tee (June 1971 and April 1973), several parts of the Companies Ordinance notably those dealing with prospectuses, accounts and audit were amended and now incor- porate most of the relevant provisions of the Companies Acts of 1948 and 1967. Most of the remainder of the recommendations in the committee's second report are given effect in the lengthy Companies (Amendment) Ordinance 1984 which was enacted in January and came into force on August 31, 1984. The ordinance is subject to continual revision and improvement on the advice of the Standing Committee on Company Law Reform which was set up in 1984. The primary task of the committee is to ensure that Hong Kong's company law meets the most up-to-date needs of government and business.

On incorporation, a company pays a registration fee of $600 plus $6 for every $1,000 of nominal capital. In 1986, 16 743 new companies were incorporated - 1 722 fewer than in 1985. The nominal capital of new companies registered totalled $3,356 million. Of the new companies, 97 had a nominal share capital of $5 million or more. During the year, 5 425 companies increased their nominal capital by amounts totalling $17,079 million on which fees were paid at the same rate of $6 per $1,000. At the end of 1986, there were 161 986 local companies on the register, compared with 147 636 in 1985.

Companies incorporated overseas are required to register certain documents with the Companies Registry within one month of establishing a place of business in Hong Kong.