14 Jan 2002
Re Wing Yick Bamboo Scaffolders Ltd.
- Citation
- Re Wing Yick Bamboo Scaffolders Ltd.
- Court
- Court of First Instance
- Case number
- HCMP6390/2001
Applications for revocation of short-term patents and for rectification under the Patents Ordinance Cap.514 are applications under a written law and therefore must be begun by originating summons under Order 5 rule 3; Order 103 (rule 29) applies only to the repealed Ordinance and does not authorize commencement by originating motion for matters under the new Ordinance; the originating motion used was incorrect but the irregularity can be waived and the court will treat the proceedings as begun by originating summons and continue them as if begun by writ with directions.