Hong Kong Ordinances

PATENTS ORDINANCE - SECT 72E

Payment of remuneration to proprietors of patents

(1) If remuneration has been paid to the proprietor of a patent granted in an
exporting member for production and export of a patented 
pharmaceutical product to Hong Kong in accordance with the relevant 
instrument or legislation, no remuneration shall be paid to the proprietor of
the patent concerned granted in Hong Kong for the import compulsory licence in
relation to the product.

(2) If the proprietor of the patent concerned granted in Hong Kong establishes
to the satisfaction of the Director that remuneration has not been paid to the
proprietor of the patent granted in the exporting member for the production
and export of the patented pharmaceutical product to Hong Kong in accordance
with the relevant instrument or legislation and all legal remedies to recover
payment of the remuneration in the exporting  member have been exhausted, the
Government shall pay to the proprietor of the patent concerned granted in Hong
Kong such amount of remuneration—

   (a)  as may be agreed between the Director and the proprietor of the patent
        concerned granted in Hong Kong subject to any order made by the court
        on an application under section 72J(2); or

   (b)  as may be determined by the court on an application under
        section 72J(1) or (2), for the import compulsory licence in relation
        to the product.

(3) Before reaching any agreement as to the amount of remuneration, the
Director shall take into account any advice given by the Director of
Intellectual Property as regards the remuneration.

(4) The total amount of remuneration agreed under subsection (2)(a) to be
payable in respect of the patent or all the patents (if there is more than one
patent in relation to the patented pharmaceutical product) shall not exceed 4%
of the total purchase price for the product payable by the import compulsory
licensee to the seller of the product in the exporting member.

(5) Where there is more than one patent in relation to the patented 
pharmaceutical product, the total amount of remuneration agreed under
subsection (2)(a) shall be apportioned on an equal share basis among all the
proprietors of the patents concerned.

(6) The Secretary for Commerce and Economic Development may by notice
published in the Gazette vary the percentage specified in subsection (4).
(Part IXA added 21 of 2007 s. 5)