Hong Kong Ordinances

PATENTS ORDINANCE - SECT 72D

Terms, conditions and nature of import compulsory licences

(1) The terms and conditions subject to which an import compulsory licence is
granted under section 72C shall include—

   (a)  terms and conditions in respect of—

        (i)    the acts authorized to be done in relation to the patented 
               pharmaceutical product under the licence;

        (ii)   the amount of the patented pharmaceutical product covered by
               the licence; and

        (iii)  the duration of the licence;

   (b)  terms and conditions providing that—

        (i)    the patented pharmaceutical product which is imported to Hong
               Kong under the licence shall not be exported out of Hong Kong;

        (ii)   the patented pharmaceutical product shall be— (A) clearly
               identified as being imported under the licence through specific
               labelling or marking; and (B) distinguished from the same
               product made by or under authorization of the proprietor of the
               patent concerned through special packaging, colouring or
               shaping; and

        (iii)  the licence is non-assignable except with that part of the
               enterprise or goodwill which enjoys the use of the patent under
               the licence; and

   (c)  any other terms or conditions as the Director thinks fit having regard
        to the public health needs in Hong Kong in the period of extreme
        urgency declared under section 72B(1).

(2) An import compulsory licence is non-exclusive. (Part IXA added 21 of 2007
s. 5)