Hong Kong Ordinances

PATENTS ORDINANCE - SECT 63

Determination of parts of certain contracts

(1) This section applies to-

   (a)  any contract for the supply of a patented product;

   (b)  any licence to work a patented invention; or

   (c)  any contract relating to any such supply or licence, where the patent
        or all the patents by which the product or invention was protected at
        the time of the making of the contract or granting of the licence has
        or have ceased to be in force.

(2) Notwithstanding anything to the contrary in the contract or licence or in
any other contract, a contract or licence to which this section applies may to
the extent (and only to the extent) that the contract or licence relates to
the product or invention, be determined by either party on giving 3 months'
notice in writing to the other party.

(3) In subsection (1) "patented product" (專利產品) and "patented
invention" (專利發明) include respectively a product and an invention
which is the subject of an application for a patent, and that subsection shall
apply in relation to a patent by which any such product or invention was
protected and which was granted after the time of the making of the contract
or granting of the licence in question, on an application for a  patent which
had been filed before that time, as it applies to a patent in force at that
time.

(4) If, on an application under this subsection made by either party to a
contract or licence falling within subsection (1), the court is satisfied
that, in consequence of the patent or patents concerned ceasing to be in
force, it would be unjust to require the applicant to continue to comply with
all terms and conditions of the contract or licence, it may make such order
varying those terms or conditions as, having regard to all the circumstances
of the case, it thinks just as between the parties.

(5) The foregoing provisions of this section apply to contracts and licences
whether made before or after the commencement of this section.

(6) The provisions of this section shall be without prejudice to any rule of
law relating to the frustration of contracts and any right of determining a
contract or licence exercisable apart from this section. [cf. 1977 c. 37 s. 45
U.K.]

"patented product" (專利產品) and "patented invention" (專利發明)