Hong Kong Ordinances

PATENTS ORDINANCE - SECT 72N

Terms, conditions and nature of export compulsory licences

(1) The terms and conditions subject to which an export compulsory licence is
granted under section 72M 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 authorized to
               be made and sold for export under the licence;

        (iii)  the eligible importing member to which the patented 
               pharmaceutical product is to be exported under the licence; and

        (iv)   the duration of the licence;

   (b)  terms and conditions providing that—

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

        (ii)   the patented pharmaceutical product shall be— (A) clearly
               identified as being made 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;

        (iii)  the export compulsory licensee shall, before shipment of the
               patented pharmaceutical product to the
               eligible importing member under the licence, post on the
               website maintained by or on behalf of the licensee or on the
               WTO website information in relation to— (A) the amount of the
               patented pharmaceutical product that will be exported to the
               eligible importing member under the shipment; and (B) the
               labelling, marking, packaging, colouring or shaping for the
               patented pharmaceutical product required by subparagraph (ii);

        (iv)   the export compulsory licensee shall pay to the proprietor of
               the patent concerned such amount of remuneration as determined
               by the Director under section 72P(1) for the export compulsory
               licence in relation to the product;

        (v)    where there is more than one patent in relation to the
               patented  pharmaceutical product, the export compulsory
               licensee shall apportion on an equal share basis among all the
               proprietors of the patents concerned the total amount of
               remuneration determined by the Director under section  72P (1);

        (vi)   subject to subparagraph (vii), the patented pharmaceutical 
               product made under the licence shall be exported only to the
               eligible  importing member specified in the licence; and

        (vii)  if the patented pharmaceutical product is also patented in the
               eligible importing member, the product shall be exported to the
               eligible importing member after it has granted a compulsory
               licence for importation of the product; and

   (c)  any other terms or conditions as the Director thinks fit.

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