WORLD TRADE
ORGANIZATIONIP/N/1/HKG/6
31 January 2003
(03-0643)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
NOTIFICATION OF LAWS AND REGULATIONS
UNDER ARTICLE 63.2 OF THE AGREEMENT
HONG KONG, CHINA
The following communication, dated 28 June 2002, has been received from the Permanent
Mission of Hong Kong, China.
_______________
In accordance with Article 63.2 of the TRIPS Agreement, Hong Kong, China wishes to notify
the Council on Trade-Related Aspects of Intellectual Property Rights of recent amendments to
Hong Kong, China’s laws and regulations relating to the TRIPS Agreement previously advised under
document IP/N/1/HKG/2.
An explanatory note is attached.Copies of the texts of these amending laws and regulations are enclosed.IP/N/1/HKG/6
Page 2
NOTIFICATION TO TRIPS COUNCIL BY HONG KONG, CHINA
OF AMENDING LEGISLATION TO MAIN DEDICATED IP LAWS AND REGULATIONS
LISTED IN ANNEX 1 OF DOCUMENT IP/N/1/HKG/2
BACKGROUND INFORMATION
Name of legislation
The Intellectual Property (Miscellaneous Amendments) Ordinance 2001 (Ord. No. 2 of 2001)
(“the IP Miscellaneous Amendments Ordinance”)1
Type of legislation
Amendment of the Patents Ordinance (Cap.514)
Amendment of the Patents (Designation of Patent Offices) Notice (Cap. 514 sub. Leg.)
Amendment of the Patents (General) Rules (Cap. 514 sub. Leg.)
Amendment of the Registered Designs Ordinance (Cap. 522)
Amendment of the Registered Designs Rules (Cap. 522 sub. Leg.)
Date of entry into force
- Sections 1, 2(a), (b) and (c), 3 to 11, 13, 15 to 18, 21 to 24 and 28 of the IP
Miscellaneous Amendments Ordinance came into force on 1 June 2002.
- The remaining provisions, which have yet to be commenced, concern the use of
electronic means for publishing notifications and advertisements for patents and
designs.
Purpose of legislation
The purpose of the IP Miscellaneous Amendments Ordinance is:
- to provide a legal basis for using electronic means of publishing notifications and
advertisements for patents and designs;
- to enhance and clarify provisions related to right of priority in patent and design
applications;
- to simplify patent application procedures;
- to enhance the procedure for amending the schedule of Paris Convention countries
and World Trade Organisation Members under the Patents Ordinance;
                                                     
1 See document IP/N/1/HKG/D/1/Add.1;  IP/N/1/HKG/D/2/Add.1;  IP/N/HKG/P/1/Add.2;
IP/N/1/HKG/P/3/Add.1;  IP/N/1/HKG/P/4/Add.1.IP/N/1/HKG/6
Page 3
- to align the wording in the Patents Ordinance with that in the relevant international
agreement;  and
- to tie up some loose ends in the Patents Ordinance and Registered Designs
Ordinance.
Contact for enquiries
Ms. Ada Leung
Assistant Director
Intellectual Property DepartmentGovernment of Hong Kong, China
Tel.: +852 2961 6823
Fax: +852 2838 6276
E-mail: ada.leung@ipd.gov.hk
.IP/N/1/HKG/6
Page 4
NOTIFICATION TO TRIPS COUNCIL BY HONG KONG, CHINA
OF AMENDING LEGISLATION TO MAIN DEDICATED IP LAWS AND REGULATIONS
LISTED IN ANNEX 1 OF DOCUMENT IP/N/1/HKG/2
BACKGROUND INFORMATION
Name of legislation
Patents (General) (Amendment)  Rules 2002 (L.N. 48 of 2002)2
Type of legislation
Amendment of Patents (General) Rules (Cap. 514 sub. Leg.)
Date of entry into force
1 June 2002
Purpose of legislation
- To cater for cases where the designated patent application has no publication number
or date of publication.
- To remove the restriction that an application for a short-term patent shall state the
title of invention, description, claims and drawings in a particular order.
Contact for enquiries
Ms. Ada Leung
Assistant Director
Intellectual Property Department
Government of Hong Kong, ChinaTel.: +852 2961 6823
Fax: +852 2838 6276
E-mail: ada.leung@ipd.gov.hk
__________
                                                     
2 See document IP/N/1/HKG/P/3/Add.2.