Hong Kong Regulations
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PATENTS (GENERAL) RULES - SECT 85
Agents
(Past version on 30/06/1997).
(1) Except as otherwise required by these Rules, but without prejudice to
section 84, any act required or permitted to be done under the Ordinance or
these rules by or to any person may be done by or to an agent authorized by
that person.
(2) In any particular case the Registrar may require the personal signature or
presence of any person.
(3) The Registrar may by notice in writing sent to an agent require him to
produce evidence of his authority.
(4) A person who is authorized by another person to act as his agent shall, on
or before the first occasion on which he acts as agent, notify the Registrar
of the address in Hong Kong where he resides or carries on his business
activities, which notice shall be given in the specified form or in writing.
(L.N. 37 of 2004)
(5) If a person who has given notice under subsection (4) changes the address
in Hong Kong where he resides or carries on his business activities, he shall
notify the Registrar of the change as soon as practicable thereafter, which
notice shall be given in the specified form or in writing. (L.N. 37 of 2004)
(6) No act required or authorized by the Ordinance or these Rules to be done
by or to any person may be done by or to an agent of that person before the
date on which the agent notifies the Registrar in accordance with subsection
(4). (L.N. 37 of 2004)
(7) The Registrar may refuse to recognize as an agent in respect of any
business under the Ordinance or these Rules—
(a) a person who has been convicted of a criminal offence;
(b) a person whose name has been struck off the roll of barristers or roll
of solicitors kept under and in accordance with the Legal
Practitioners Ordinance ( Cap 159) or any person who has been
suspended from acting as a barrister or solicitor;
(c) a partnership or body corporate of which one of the partners or
directors is a person whom the Registrar could refuse to recognize as
an agent under paragraph (a) or (b);
(d) a person against whom a disqualification order has been made under
section 168E, 168F, 168G, 168H, 168J or 168L of the Companies
Ordinance ( Cap 32);
(e) a person against whom an order has been made under section 23 (1)(a)
or 24(1) of the repealed Securities (Insider Dealing) Ordinance (
Cap 395); or
(f) a person against whom an order has been made under section 214 (2)(d
), 257(1)(a), 258(1) or 303(2)(a) of the Securities and Futures
Ordinance ( Cap 571). (L.N. 37 of 2004) Note: Section 140(4) of the
Ordinance provides that the Registrar shall refuse to recognize as an
agent a person who neither resides nor has a place of business in Hong
Kong. (L.N. 37 of 2004)
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