Hong Kong Ordinances

PATENTS ORDINANCE - SECT 58

Compensation of employees for certain inventions

(1) Where it appears to the court on an application made by an employee within
the prescribed period that-

   (a)  the employee has made an invention belonging to the employer for which
        a patent has been granted;

   (b)  the patent is (having regard among other things to the size and nature
        of the employer's undertaking) of outstanding benefit to the employer;
        and

   (c)  by reason of those facts it is just that the employee should be
        awarded compensation to be paid by the employer, the court may award
        him such compensation of an amount determined under section 59.

(2) Where it appears to the court on an application made by an employee within
the prescribed period that-

   (a)  a patent has been granted for an invention made by and belonging to
        the employee;

   (b)  his rights in the invention, or in any patent or application 
        for a patent for the invention, have since the commencement of this
        section been assigned to the employer or an exclusive licence under
        the patent or application for a patent has since the commencement of
        this section been granted to the employer;

   (c)  having regard to all the circumstances of the case, including the
        terms of the contract of assignment or grant or any ancillary contract
("the relevant contract"), the benefit derived by the employee from the 
relevant contract is inadequate in relation to the benefit derived by the
employer from the patent; and

   (d)  by reason of those facts it is just that the employee should be
        awarded compensation to be paid by the employer in addition to the
        benefit derived from the relevant contract, the court may award him
        such compensation of an amount determined under section 59.

(3) Subsection (2) shall have effect notwithstanding anything in
the relevant contract or any agreement applicable to the invention.

(4) References in this section to an invention belonging to an employer or an
employee are references to it so belonging as between the employer and the
employee. [cf. 1977 c. 37 s. 40 U.K.]