Hong Kong Ordinances

PATENTS ORDINANCE - SECT 61

Supplementary

(1) Sections 57 to 60 shall not apply to an invention made before the
commencement of this Ordinance. <* Note-Exp. x-Ref: Sections 57, 58, 
 59, 60 *>

(2) Sections 57 to 60 shall not apply to an invention made by an employee
unless at the time he made the invention one of the following conditions was
satisfied in his case, that is to say- <* Note-Exp. x-Ref: 
 Sections 57, 58, 59, 60 *>

   (a)  he was mainly employed in Hong Kong; or

   (b)  he was not mainly employed anywhere or his place of employment could
        not be determined, but his employer had a place of business in Hong
        Kong to which the employee was attached, whether or not he was also
        attached elsewhere.

(3) In sections 57 to 60 and this section, except so far as the context
otherwise requires, references to the making of an invention by an employee
are references to his making it alone or jointly with any other person, but do
not include references to his merely contributing advice or other assistance
in the making of an invention by another employee. <* 
 Note- Exp. x-Ref: Sections
57, 58, 59, 60 *>

(4) Any references in sections 57 to 60- <* Note-Exp. x-Ref: 
 Sections 57, 58, 59, 60 *>

   (a)  to a patent are references to a patent or other forms of protection
        for an invention;

   (b)  to a patent being granted are references to its being granted, whether
        under the law of Hong Kong or the law in force in any other country,
        territory or area or under any treaty or international convention.

(5) For the purposes of sections 58 and 59 the benefit derived or expected to
be derived by an employer from a patent shall, where he dies before any award
is made under section 58 in respect of the patent, include any benefit derived
or expected to be derived from the patent by his personal representatives or
by any person in whom the patent was vested by their assent.

(6) Where an employee dies before an award is made under section 58 in respect
of a patented invention made by him, his personal representatives or their
successors in title may exercise his right to make or proceed with an
application for compensation under subsection (1) or (2) of that section.

(7) In sections 58 and 59 and this section "benefit" (利益) means benefit in
money or money's worth.

(8) In section 59(2)-

"person connected with" (有關連的人), in relation to an employer, means-

   (a)  where the employer is a natural person-

        (i)    a relative of the employer;

        (ii)   a partner of the employer and any relative of that partner;

        (iii)  a partnership in which the employer is a partner;

        (iv)   any corporation controlled by the employer, by a partner of the
               employer or by a partnership in which the employer is a
               partner;

        (v)    any director or principal officer of any such corporation as is
               referred to in subparagraph (iv);

   (b)  where the employer is a corporation-

        (i)    any associated corporation;

        (ii)   any person who controls the corporation and any partner of such
               person, and, where either such person is a natural person, any
               relative of such person;

        (iii)  any director or principal officer of that corporation or of any
               associated corporation and any relative of any such director or
               officer;

        (iv)   any partner of the corporation and, where such partner is a
               natural person, any relative of such partner;

   (c)  where the employer is a partnership-

        (i)    any partner of the partnership and where such partner is a
               partnership any partner of that partnership, any partner with
               the partnership in any other partnership and where such partner
               is a partnership any partner of that partnership and where any
               partner of, or with, or in any of the partnerships mentioned in
               this subparagraph is a natural person, any relative of such
               partner;

        (ii)   any corporation controlled by the partnership or by any partner
               thereof or, where such a partner is a natural person, any
               relative of such partner;

        (iii)  any corporation of which any partner is a director or
               principal officer;

        (iv)   any director or principal officer of a corporation referred to
               in subparagraph (ii); and for the purposes of that definition-

"associated corporation" (有聯繫法團), in relation to a person, means-

   (a)  a corporation over which the person has control;

   (b)  if the person is a corporation-

        (i)    a corporation which has control over the person; or

        (ii)   a corporation which is under the control of the same person as
               is the first-mentioned person;

"control" (控制), in relation to a corporation, means the power of a person
to secure-

   (a)  by means of the holding of shares or the possession of voting power in
        or in relation to that or any other corporation; or

   (b)  by virtue of any powers conferred by the articles of association or
        other document regulating that or any other corporation, that the
        affairs of the first-mentioned corporation are conducted in accordance
        with the wishes of that person;

"principal officer" (主要人員) means-

   (a)  a person employed by a corporation who, either alone or jointly with
        one or more other persons, is responsible under the immediate
        authority of the directors for the conduct of the business of the
        corporation; or

   (b)  a person so employed who, under the immediate authority of a director
        of the corporation or a person to whom paragraph (a) applies,
        exercises managerial functions in respect of the corporation;

"relative" (親屬) means the spouse, parent, child, brother or sister of the
relevant person, and, in deducing such a relationship, an adopted child shall
be deemed to be a child both of the natural parents and the adopting parent
and a step child to be the child of both the natural parents and of any step
parent.

"benefit" (利益)

"person connected with" (有關連的人)

"associated corporation" (有聯繫法團)

"control" (控制)

"principal officer" (主要人員)

"relative" (親屬)