Hong Kong Regulations

PATENTS (GENERAL) RULES - SECT 7

Reference to the Registrar under section 14(5) of the Ordinance

(Past version on 30/06/1997).

(1) Where, following the making of an order as is mentioned in subsection (2)
of section 14 of the Ordinance, a question is referred to the Registrar under
subsection (5) of that section as to whether any person is entitled to be
granted a licence or whether the period or terms of a licence are reasonable,
the reference shall-

   (a)  be in the specified form;

   (b)  be accompanied by a statement setting out fully the facts upon which
        the person making the reference relies and the period and terms of the
        licence which he is prepared to accept or grant; and

   (c)  be accompanied by the prescribed fee.

(2) The person making the reference shall, at the same time as he files the
reference, send a copy of the reference and statement to every person in whose
name the application is to proceed or, as the case may be, every person
claiming to be entitled to be granted a licence, in either case not being a
person who makes the reference.

(3) If any recipient of the reference and statement does not agree to grant or
accept the licence for such period and upon such terms as are set out in the
statement, he shall, within 3 months from the date on which the copies are
sent to him, file a counter-statement setting out fully the grounds of his
objection.

(4) (a) The counter-statement shall be in the specified form and shall be
accompanied by the prescribed fee.

   (b)  The recipient shall, at the same time as he files the
        counter-statement, send a copy of it to the person making the
        reference.

(5) The Registrar may give such directions as he may think fit with regard to
the subsequent procedure. (L.N. 37 of 2004)