A person aggrieved by a threat of proceedings for infringement of a patent (whether or not the person to whom the threats are made) may bring proceedings against the person making the threats. Remedies available include a declaration that the threats are unjustifiable, and an injunction against their continuance and damages. The onus of proof is on the person making the threats to show that the acts in question will infringe and that the patent is valid.
The threats may be by circulars or advertisements 'or otherwise'.
This remedy does not apply to threats which relate to the making of a product for disposal or the using of a process. (It does, however, apply to the importation of a product. As few products are actually made in Hong Kong - over 70% of its exports are manufactured in mainland China - the groundless threats provisions will in practice have wide application.)
Further information on the above may be obtained via Linklaters & Paines Hong Kong office or via any of the other nine Linklaters & Paines offices world-wide, located in Singapore, Tokyo, London, Brussels, Paris, Frankfurt, New York, Washington D.C. and Moscow. Contact details for the various L&P offices worldwide are available via the Linklaters & Paines corporate listing c/o Business Monitor Online - http://www.businessmonitor.co.uk
c Linklaters & Paines 1997 - Tel +852 2842 4888