Hong Kong Ordinances

PATENTS ORDINANCE - SECT 56

Effect of transfer of patent under section 55

(1) Where an order is made under section 55 that a patent shall be transferred
from any person or persons (the old proprietor or proprietors) to one or more
persons (whether or not including an old proprietor), then, except in a case
falling within subsection (2), any licences or other rights granted or created
by the old proprietor or proprietors shall, subject to section 50 and to the
provisions of the order, continue in force and be treated as granted by the
person or persons to whom the patent is ordered to be transferred (the new
proprietor or proprietors).

(2) Where an order is so made that a patent shall be transferred from the old
proprietor or proprietors to one or more persons none of whom was an old
proprietor (on the ground that the patent was granted to a person not entitled
to be granted the patent), any licences or other rights in or under the patent
shall, subject to the provisions of the order and subsection (3), lapse on the
registration of that person or those persons as the new proprietor or
proprietors of the patent.

(3) Where an order is so made that a patent shall be transferred as mentioned
in subsection (2) or that a person other than an old proprietor may make a new
application for a patent and before the reference of the question under
section 55 resulting in the making of any such order is registered, the old
proprietor or proprietors or a licensee of the patent, acting in good faith,
worked the invention in question in Hong Kong or made effective and serious
preparations to do so, the old proprietor or proprietors or the licensee shall
on making a request to the new proprietor or proprietors within the prescribed
period be entitled to be granted a licence (but not an exclusive licence) to
continue working or, as the case may be, to work the invention, so far as it
is the subject of the new application.

(4) Any such licence shall be granted for a reasonable period and on
reasonable terms.

(5) The new proprietor or proprietors of the patent or any person claiming
that he is entitled to be granted any such licence may refer to the court the
question whether that person is so entitled and whether any such period is or
terms are reasonable, and the court shall determine the question and may, if
it considers it appropriate, order the grant of such a licence. [cf. 1977 c.
37 s. 38 U.K.]