Hong Kong Ordinances

PATENTS ORDINANCE - SECT 72H

Disposal of patented pharmaceutical products after period of extreme urgency etc.

(1) On the termination of the period of extreme urgency by a notice under
section 72B(3), the import compulsory licensee shall take reasonable steps to
recall or cause to recall any patented pharmaceutical product which is
imported under the import compulsory licence from any person

(other than a person who is in possession of the product privately for
non-commercial purposes) who is in possession of the product disposed of in
accordance with the licence.

(2) An import compulsory licensee shall—

   (a)  surrender to the Director any patented pharmaceutical product which is
        in his possession or recalled under subsection (1); or

   (b)  dispose of the product in such a way as may be agreed with the
        proprietor of the patent concerned granted in Hong Kong.

(3) Where a patented pharmaceutical product is surrendered to the Director
under subsection (2)(a)—

   (a)  the Government shall pay to the import compulsory licensee a sum
        equivalent to the purchase price for the product paid by the licensee
        to the seller of the product in the exporting member; and

   (b)  the Director shall—

        (i)    dispose of the product in such a way as may be agreed with the
               proprietor of the patent concerned granted in Hong Kong; or

        (ii)   in default of agreement, destroy the product as soon as
               practicable.

(4) For the avoidance of doubt, stocking of any patented 
pharmaceutical product which is imported under an import compulsory licence
does not amount to an infringement of the patent concerned on the part of the
import compulsory licensee or the Director from the termination of the period
of extreme urgency by a notice under section  72B (3) until—

   (a)  the import compulsory licensee surrenders the product to the Director
        under subsection (2)(a) or disposes of the product under subsection
        (2)(b); or

   (b)  the Director disposes of the product under subsection (3)(b)(i) or
        destroys the product under subsection (3)(b)(ii), as the case may be.
        (Part IXA added 21 of 2007 s. 5)