Hong Kong Ordinances

PATENTS ORDINANCE - SECT 72R

References of disputes as to export compulsory licences

(1) Any person aggrieved by—

   (a)  the grant of an export compulsory licence;

   (b)  any term or condition of an export compulsory licence imposed under
        section 72M; or

   (c)  the termination of an export compulsory licence under section  72Q
        (1), may, within 28 days after the date of the advertisement of the
        notice under section 72O(b) or the date of the termination of the
        licence (as the case may be) or such further period as may be allowed
        by the court, apply to the court for a review of the grant of the
        licence, the terms or conditions of the licence or the termination of
        the licence (as the case may be).

(2) In a review the court may—

   (a)  confirm, vary or cancel the export compulsory licence;

   (b)  confirm, vary or cancel a term or condition of the export compulsory
        licence imposed under section 72M;

   (c)  confirm or vary the determination of the amount of remuneration under
        section 72P(1);

   (d)  confirm or reverse the termination of the export compulsory licence
        under section 72Q(1); or

   (e)  make any other order as the court thinks fit in the circumstances.

(3) In determining the appropriate amount of remuneration payable to the
proprietor of the patent concerned, the court shall take into account all
factors relevant to the circumstances, including—

   (a)  the economic value to the eligible importing member of the use of the
        patented pharmaceutical product exported to it under the relevant
        export compulsory licence; and

   (b)  humanitarian or non-commercial factors relevant to the grant of the
        licence.

(4) The total amount of remuneration determined by the court under subsection
(3) 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) may exceed the maximum amount of remuneration that may
be determined by the Director under section 72P(1).

(5) The proprietor of the patent concerned may apply to the court for an order
to terminate an export compulsory licence on the ground that—

   (a)  any term or condition of the licence imposed under section 72M has
        been contravened; or

   (b)  any information, document or documentary evidence specified in or
        accompanying the application in accordance with section 72L(2) is
        false, incorrect or incomplete in any material particular.

(6) The court may, on an application under subsection (5)—

   (a)  make an order to terminate the export compulsory licence if the court
        is satisfied that—

        (i)    any term or condition of the licence imposed under section 72M
               has been contravened; or

        (ii)   any information, document or documentary evidence specified in
               or accompanying the application in accordance with
               section 72L(2) is false, incorrect or incomplete in any
               material particular; and

   (b)  make any other order as the court thinks fit in the circumstances.
        (Part IXB added 21 of 2007 s. 5)