Report
Report
Report
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
Chapter 2 : Short-Term Patent System (50 submissions received)<br />
9. Other suggestions / comments received.<br />
Organisations / Individuals Views / Concerns<br />
9.1 Industrial / Trade Associations<br />
HKAPIA<br />
TMHK<br />
HKEIA<br />
HKMFS<br />
HKAPIA, TMHK, HKEIA, HKMFS and PVCHK propose that mechanisms to<br />
revoke or invalidate patents other than court proceedings should be set up together<br />
with an OGP system. With the revocation or invalidation procedures set up on the<br />
basis of an OGP system, the public or related parties can have an efficient and<br />
economical way to object to the grant of a patent without the need to resort to court<br />
proceedings. This will deter abuse (especially in respect of short-term patents),<br />
protect third parties’ rights, enhance patent stability and reduce the costs of<br />
litigation.<br />
PVCHK<br />
9.2 Professional Bodies<br />
HKIPA<br />
The Law Society<br />
HKIPA proposes that mechanisms to revoke or invalidate patents other than court<br />
proceedings should be set up together with an OGP system. With the revocation or<br />
invalidation procedures set up on the basis of an OGP system, the public or related<br />
parties can have an efficient and economical way to object to the grant of a patent<br />
without the need to resort to court proceedings. This will deter abuse (especially in<br />
respect of short-term patents), protect third parties’ rights, enhance patent stability<br />
and reduce the costs of litigation.<br />
The Law Society refers to the views in Ms. Ip’s Letter that short-term patents lack<br />
effect in litigation and that it is extremely difficult for such owners to obtain<br />
interlocutory injunctions against infringing activities unless the defendant gives in.<br />
146
Change language