ENG-1994 — Page 151

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TRADE AND INDUSTRY

Intellectual Property

The Intellectual Property Department, which includes the Trade Marks and Patents Registries, provides a focal point for the development of the Hong Kong intellectual property regime.

During the year, the Law Reform Commission released its report on the reform of the law of copyright and designs. The department was considering these proposals for reform at the year's end. It was also considering proposals for the reform of the trade marks and patents law in the light of the consultative documents issued in 1993 on these subjects.

Trade Marks and Patents

The Trade Marks Registry is a registry of original registration. Trade marks are registered under the Trade Marks Ordinance, the provisions of which are similar to trade marks legislation in the United Kingdom. Since March 1992, it has been possible to register trade marks for services as well as goods. The procedure in applying for registration is laid down in the Trade Marks Rules, and the prescribed forms may be obtained free from the Trade Marks Registry. Every mark, even if it is already registered overseas, must satisfy the requirements of the ordinance before it may be accepted for registration. During 1994, 15 470 applications were received, 13 063 of which were in respect of goods and 2 407 in respect of services. Altogether, 9 230 applications, including those made in previous years, were accepted and allowed to be advertised. A total of 8 700 marks were registered in 1994, compared with 5 720 in 1993. The principal origin of applicants was as follows:

USA

2214

France

435

Hong Kong Japan

2 094

Italy

269

1 012

Switzerland

275

UK

498

Taiwan

234

Germany

398

Netherlands

158

The total number of marks on the register at December 31, 1994 was 73 144. Unlike the Trade Marks Registry, the Patents Registry is not a registry of original registration. It registers patents that have been granted in the United Kingdom and European Patents (United Kingdom). The Registration of Patents Ordinance provides that any grantee of a United Kingdom Patent or European Patent (United Kingdom) may, within five years from the date of its grant, apply to have the patent registered in Hong Kong.

A total of 1 500 patents were registered in the territory during the year, compared with 1 438 in 1993. Registration of a United Kingdom Patent or European Patent (United Kingdom) 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 for as long as the patent remains in force there.

Layout-design (Topography) of Integrated Circuits

An ordinance was enacted in March 1994 to protect the original layout-designs (topographies) of integrated circuits of qualified persons. Protection is automatic and there is no need to register or deposit the layout-design (topography) in Hong Kong.