PCT Notification No. 121
Patent Cooperation Treaty (PCT)

Application of the Patent Cooperation Treaty, with effect from July 1, 1997, to the Hong Kong Special Administrative Region

The Director General of the World Intellectual Property Organization (WIPO) presents his compliments to the Minister for Foreign Affairs and has the honor to enclose the English translation of a letter dated June 6, 1997, from His Excellency Mr. Wu Jianmin, Ambassador Extraordinary and Plenipotentiary, Permanent Representative of the People's Republic of China to the United Nations Office at Geneva and Other International Organizations in Switzerland.

June 10, 1997


[Translation]
MPC-97050

Geneva, June 6, 1997

Sir,

In accordance with the Joint Declaration of the Government of the People's Republic of China and the Government of the United Kingdom of Great Britain and Northern Ireland on the Question of Hong Kong signed on 19 December 1984, the People's Republic of China will resume the exercise of sovereignty over Hong Kong with effect from 1 July 1997. Hong Kong will, with effect from that date, become a Special Administrative Region of the People's Republic of China and will enjoy a high degree of autonomy, except in foreign and defence affairs which are the responsibilities of the Central People's Government of the People's Republic of China.

In this connection, I am instructed by the Minister of Foreign Affairs of the People's Republic of China to make the following notification:

The Patent Cooperation Treaty (PCT) of June 19, 1970, as amended on September 28, 1979 and February 3, 1984 (hereinafter referred to as the "PCT"), to which the Government of the People's Republic of China deposited its instrument of accession on October 1, 1993, will apply to the Hong Kong Special Administrative Region with effect from 1 July 1997. The Government of the People's Republic of China also makes the following declarations:

1. The designation of China in any international PCT application filed on or after July 1, 1997, shall also cover the Hong Kong Special Administrative Region of the People's Republic of China.

2. The modalities of "entering the national phase" under Article 22 and Article 39 of the PCT as far as international applications filed on or after July 1, 1997, and designating China are concerned, will be communicated to the Director-General of the World Intellectual Property Organization not later than by the end of the current year (that is, by December 31, 1997).

The Government of the People's Republic of China will assume responsibility for the international rights and obligations arising from the application of the Treaty to the Hong Kong Special Administrative Region.

It would be appreciated if the contents of this Note could be placed formally on record and brought to the attention of the other Parties to the Treaty.

Please accept, Sir, the assurances of my highest consideration.

(signed:)
Wu Jianmin
Ambassador Extraordinary and Plenipotentiary
Permanent Representative of the People's Republic of China to the United Nations Office at Geneva and Other International Organizations in Switzerland