Patent is being infringed, how to do?
Yes, you can use arbitration to resolve any dispute concerning a short-term patent in Hong Kong at any time.
The position on enforcement of short term patents in the Hong Kong courts changes after the Patents (Amendment) Ordinance 2016 comes into operation. The Secretary for Commerce and Economic Development has appointed 19 December 2019 as the date on which the Patents (Amendment) Ordinance 2016 comes into operation. Under the amended section 129 of the Patents Ordinance, you can only commence proceedings before a court for the enforcement of your short-term patent if you have obtained a certificate of substantive examination issued by the Registrar of Patents, or made a request for such examination, or obtained a certificate of validity issued by the court. Since arbitration is a consensual process, these conditions for commencement of court proceedings will not automatically apply to arbitral proceedings unless otherwise agreed by the parties. That said, it is still for the owner of the short-term patent to establish the validity of the short-term patent in the arbitral proceedings. This could be done, for example, by adducing other evidence such as expert reports.
Source : the website of the Intellectual Property Department
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