Cap 514B s 14 Protection of third-party rights where details are added to register under section 13 (PATENTS (TRANSITIONAL ARRANGEMENTS) RULES; PATENTS ORDINANCE)

Contents of Section

Chapter:	514B	Title:	PATENTS (TRANSITIONAL ARRANGEMENTS) RULES	Gazette Number:
Section:	14	Heading:	Protection of third-party rights where details are added to register under section 13	Version Date:	30/06/1997

(1) This section applies where-

(a) details in relation to a deemed standard patent are added to the register pursuant to section 13(8); and

(b) at the commencement date the corresponding 1949 Act or 1977 Act patent had ceased to have effect in the United Kingdom by reason of the non-payment of any renewal fee, but subsequently is restored in

the United Kingdom by virtue of an order for restoration made under the 1977 Act.

(2) Except as provided in subsection (3), the fact that the corresponding 1949 Act or 1977 Act patent had ceased to have effect shall not affect the rights of the proprietor of the deemed standard patent to prevent the use of the invention under Part X of the Ordinance or to bring proceedings under Part XI of the Ordinance in respect of any act of infringement, and in particular shall not affect those rights in relation to any act of infringement during the period when it was possible for the corresponding 1949 Act or 1977 Act patent to be renewed and to be treated for the purposes of the 1977 Act as if it had never expired.
(3) If, after it was no longer possible for the corresponding 1949 Act or 1977 Act patent to be so renewed in the United Kingdom, but before details of the deemed standard patent were added to the register pursuant to section 13(8), a person in Hong Kong-

(a) began in good faith to do an act which, but for this section would have constituted an infringement of the deemed standard patent; or

(b) made in good faith effective and serious preparations to do such an act,

he has the rights specified in subsection (4).
(4) The rights referred to in subsection (3) are-

(a) the right to continue to do or,

as the case may be, to do the act referred to in subsection (3);

(b)

if such act was done or preparations had been made to do it in the course of a business-

(i) in the case of an individual-

(A) the right to assign the right to do it or to transmit such right on death; or

(B) the right to authorize the doing of that act by any of his partners for the time being in the business in the course of which the act was done or preparations had been made to do it;

(ii) in the case of a body corporate, the right to assign the right to do it or to transmit such right on the body's dissolution,

and the doing of that act by virtue of this subsection shall not amount to an infringement of the deemed standard patent concerned.
(5) The rights specified in subsection (4) shall not include the right to grant a licence to any person to do an act referred to in subsection (3).
(6) Where a patented product is disposed of to another in exercise of a right conferred by subsection (4), that other and any person claiming through him may deal with the product in the same way as if it had been disposed of by a registered proprietor of the patent.