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in relation to a patent registered world wide, i am advised

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Asked by you on Saturday, April 17, 2010 11:05 PM EST

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in relation to a patent registered world wide, i am advised that WIPO law takes precedence over the local law i.e. Hong Kong or australian law? does anyone know the general rules of winding up a company in HK?. if someone requests/ accepts the role of director for a HK based company, then i am aware that for a public listed HK company they must complete the forms in I think 2 months (Ordance 32 about page/ seciton 100 to 107). for a private company, it should not extend from 25th august and have the accceptance forms finally lodged on 29th January? should it -- essentially is there a time limit to lodgement and complation of the necessry consent forms.

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Province: honk Kong

Already Tried:
detailed reading of the HK companies act (ordance 32 via the internet. regards

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From Leon Rizos

Saturday, April 17, 2010 11:18 PM EST

HI
The process for winding up a company is set out in the link below. It is only a guide.
I am an Australian Lawyer and cannot give you information from Personal experience.
http://www.oro.gov.hk/eng/publications/guidwu.htm
The Winding up rules under Chapter 32H are listed in the next link
http://www.hklii.org/hk/legis/reg/32H/
I believe a change of director form should be lodged within a month of the change
Patents must be applied for in each country. You cannot have one patent that applies everywhere. Each one is independent from each other.
I hope this is of assistance

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Kens' Reply - I believe this has 85% answered my question.

(a) I believe a change of director form should be lodged within a month of the change - if you have a reference to that it would be appreciated. I consider it breaches the notification requirements of HK coy register, once it is resolved at a meeting for directors to take up and then if changes are not notified within a certain period and this would be one of them.

(b) The patent is actually registered in numerous individual countries including HK. HK is also a signatory to the WIPO Treaty.

The key element is does WIPO (World intellectual Property Organization) take precedence over HK law? WIPO requires that any arguments on the contractual arrangements of a Patent (ownership transfer etc) MUST be held in the country of residence of the nationality of the Patent holders. That defaults to Australia.

We have a HK company trying to claim that there were verbal agreements to transfer the patent to them for their development and financial rewards. We are vigorously denying this aspect. Like federal law (Commonwealth of Australia) over rides state law (Qld) which over rides local council law etc. Can you please confirm, in general, that WIPO over rides or does not override HK special economic zone law?

Many and much thanks for general guidance.

Kens' Reply - I believe this has 85% answered my question.   

(a) I believe a change of director form should be lodged within a month of the change - if you have a reference to that it would be appreciated.  I consider it breaches the notification requirements of HK coy register, once it is resolved at a meeting for directors to take up and then if changes are not notified within a certain period and this would be one of them.

(b) The patent is actually registered in numerous individual countries including HK.  HK is also a signatory to the WIPO Treaty. 

The key element is does WIPO (World intellectual Property Organization) take precedence over HK law?  WIPO requires that any arguments on the contractual arrangements of a Patent (ownership transfer etc) MUST be held in the country of residence of the nationality of the Patent holders.  That defaults to Australia. 

We have a HK company trying to claim that there were verbal agreements to transfer the patent to them for their development and financial rewards.  We are vigorously denying this aspect.   Like federal law (Commonwealth of Australia) over rides state law (Qld) which over rides local council law etc.   Can you please confirm, in general, that WIPO over rides or does not override HK special economic zone law?

Many and much thanks for general guidance.