5 Dec 2002
MERCK SHARP & DOHME LTD v. THE REGISTRAR OF PATENTS
- Citation
- MERCK SHARP & DOHME LTD v. THE REGISTRAR OF PATENTS
- Court
- Court of Final Appeal
- Case number
- FACV11/2002
Sections 39(1) and the reference to s39(1) in s100(2) of the Patents (General) Rules are ultra vires because rules regulating the giving effect to s46 court orders are rules of court to be made by the Rules Committee under the High Court Ordinance, not by the Registrar, and because the impugned rules are inconsistent with s46(5) which imposes a mandatory duty on the Registrar to record amendments upon receipt of the court order; therefore the Registrar must record the amendment ordered by the court and the impugned rules are of no legal effect.