There are two main types of patent infringement in Hong Kong: Direct and Indirect Infringement.
Direct Infringement
Some acts may be classified as direct infringement under Section 73 of the Patent Ordinance(‘PO’), it is however not limited to the following:
- Using the process, or
- Without the consent of the patent holder, knowingly offering the process for use in Hong Kong or when it is obvious to a reasonable person in the circumstances, that the use of process is prohibited, or
- Stocking the product, whether for the purpose of putting it on the market (in Hong Kong or elsewhere) or otherwise.
Indirect Infringement
Some of the prohibited indirect use of patent under Section 74 of the PO include but not limited to the following acts:
- Without the consent of the patent holder, any person who offers to supply to another person in Hong Kong relating to an essential element of that invention for putting into effect when the third parties know, or it is obvious in the circumstances to a reasonable person, that the means are suitable and intended for putting that invention into effect in Hong Kong.
Relevant Hong Kong Laws:
The Patents Ordinance (Cap. 514) provides the basic framework for patent protection in Hong Kong. Sections 73 and 74 provide guidance on what would constitute infringement of a patent, whether directly or indirectly.
Key Takeaways
1. Direct and Indirect infringement are the two main types of patent infringement in Hong Kong
2. The details of these two types of infringement may be found in Sections 73-74 of the Patents Ordinance
3. A reasonable person standard is used to assess these infringements.
Bibliography
1. The Patents Ordinance (Cap. 514), <https://www.elegislation.gov.hk/hk/cap514?p0=1&p1=1>