Hong Kong Ordinances

PATENTS ORDINANCE - SECT 72C

Grant of import compulsory licences for patented pharmaceutical products

During a period of extreme urgency declared under section 72B(1), where the
Director considers that the pharmaceutical industry in Hong Kong has no or
insufficient capacity to manufacture a patented pharmaceutical  product to
meet the needs for the product in Hong Kong, the Director may grant an import
compulsory licence under the patent concerned, subject to such terms and
conditions as he may impose, to a public officer or any other person to do in
Hong Kong in relation to the product all or any of the following which appears
to the Director to be necessary or expedient in connection with the extreme
urgency giving rise to the declaration—

   (a)  importing, putting on the market, stocking or using the product;

   (b)  any other act which would, apart from this section, amount to an
        infringement of the patent concerned. (Part IXA added 21 of 2007 s. 5)