Hong Kong Ordinances

PATENTS ORDINANCE - SECT 65

Provisions about licences under section 64

(1) Where the court is satisfied, on an application made under section 64 in
respect of a patent, that the manufacture, use or disposal of materials not
protected by the patent is unfairly prejudiced by reason of conditions imposed
by the proprietor of the patent on the grant of licences under the patent, or
on the disposal or use of the patented  product or the use of the
patented process, the court may (subject to the provisions of that section)
order the grant of licences under the patent to such customers of the
applicant as it thinks fit as well as to the applicant.

(2) Where an application under section 64 is made in respect of a patent by a
person who holds a licence under the patent, the court may-

   (a)  if it orders the grant of a licence to the applicant, order the
        existing licence to be cancelled; or

   (b)  instead of ordering the grant of a licence to the applicant, order the
        existing licence to be amended. [cf. 1977 c. 37 s. 49 U.K.]