Hong Kong Ordinances

PATENTS ORDINANCE - SECT 72P

Determination of remuneration payable to proprietors of patents

(1) The Director shall determine the amount of remuneration payable to the
proprietor of the patent concerned under section 72N(1)(b)(iv).

(2) In determining the amount of remuneration, the Director shall take into
account any advice given by the Director of Intellectual Property as regards
the remuneration.

(3) The total amount of remuneration determined by the Director under
subsection (1) 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 eligible importing member to the export compulsory
licensee.

(4) The Secretary for Commerce and Economic Development may by notice
published in the Gazette vary the percentage specified in subsection (3).
(Part IXB added 21 of 2007 s. 5)