Hong Kong Ordinances

PATENTS ORDINANCE - SECT 66

Exercise of powers on applications under section 64

(Past version on 30/06/1997).

(1) The powers of the court on an application under section 64 in respect of a
patent shall be exercised with a view to securing the following purposes-

   (a)  that inventions which can be worked on a commercial scale in Hong Kong
        and which should in the public interest be so worked shall be worked
        there without undue delay and to the fullest extent that is reasonably
        practicable;

   (b)  that the inventor or other person beneficially entitled to a patent
        shall receive reasonable remuneration having regard to the nature of
        the invention;

   (c)  that the interests of any person for the time being working or
        developing an invention in Hong Kong under the protection of a patent
        shall not be unfairly prejudiced.

(2) Subject to subsection (1), the court shall, in determining whether to make
an order in pursuance of such an application, take account of the following
matters-

   (a)  the nature of the invention, the time which has elapsed since the
        grant of the patent was advertised in the official journal and the
        measures already taken by the proprietor of the patent or any licensee
        to make full use of the invention; (Amended 2 of 2001 s. 14)

   (b)  the ability of any person to whom a licence would be granted by the
        court to work the invention to the public advantage;

   (c)  the risks to be undertaken by that person in providing capital and
        working the invention if the application for an order is granted, but
        the court shall not be required to take account of any such matter
        occuring subsequent to the making of the application.

(3) Any person aggrieved by an order made under section 64 or 65 may apply to
the court for an order for the variation or cancellation of the licence if the
court in all the circumstances should think fit. [cf. 1977 c. 37 s. 50 U.K.]