WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IP/NI 1 IHKG/PI 1/ Add.6 
10 April 2008 
(08-1662) 
Original: English! 
anglais/ 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
HONG KONG, CHINA 
Addendum 
The present document reproduces the texe of the Patents (Amendment) Ordinance 2007 Ord. 
No. 21 of2007), as notified by Hong Kong, China under Article 63.2 of the Agreement (see document 
IPINIlIHKG/17). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A 
LA PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
HONG KONG, CHINE 
Addendum 
Le present document contient le texte1 de l'Ordonnance 2007 sur les brevets (modification) 
(Ord. nO 21 de 2007), notifiee par Hong Kong, Chine au titre de l'article 63:2 de l'Accord (voir le 
document IPINI1IHKGIl7). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIP ALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VlRTUD 
DEL pARRAFO 2 DEL ARTICULO 63 DEL ACUERDO 
HONG KONG, CHINA 
Addendum 
En el presente documento se reproduce el texto1 de la Orden sobre Patentes (modificaci6n) 
de 2007 (Orden N° 21 de 2007), notificada por Hong Kong, China en virtud de 10 dispuesto en el 
parrafo 2 del articulo 63 del Acuerdo (vease el documento IPINIlIHKG/17). 
I In English only'/En anglais seulement.lEn ingIes solamente. IP INIlIHKGIPI 1/ Add.6 
Page 2 
PATENTS (AMENDMENT) ORDINANCE Ord. No. 21 of 2007 
HONG KONG SPECIAL ADMINISTRATIVE REGION 
ORDINANCE No. 21 OF 2007 
Donald TSANG 
Chief Executive 
29 November 2007 
An Ordinance to amend the Patents Ordinance to implement the Protocol 
Amending the Agreement on Trade-Related Aspects of Intellectual 
Property Rights of the World Trade Organisation in relation to patents 
and public health; and to provide for incidental and related matters. 
[ ] 
Enacted by the Legislative Council. 
1. Short title 
This Ordinance may be cited as the Patents (Amendment) Ordinance 
2007. 
2. Commencement 
This Ordinance shall come into operation on a day to be appointed by the 
Secretary for Commerce and Economic Development by notice published in 
the Gazette. 
3. Interpretation 
Section 2(1) of the Patents Ordinance (Cap. 514) is amended by adding­
""Doha Declaration" ({~ *'§1![)) means the Declaration on the TRIPS 
Agreement and Public Health adopted on 14 November 2001 by the 
Fourth WTO Ministerial Conference at Doha, Qatar; 
"eligible importing member" (if~mn! 0 nX;~:I:m) means-
(a) a WTO member country, territory or area recognized by the 
United Nations as being a least-developed country; or 
(b) any other WTO member country, territory or area that has 
given notice in writing to the TRIPS Council that it intends 
to import pharmaceutical products in accordance with the 
General Council Decision or the Protocol; IPINIlIHKGIPIlI Add.6 
Page 3 
"exporting member" (ill w nX:~jtg) means a WTO member country, 
territory or area that makes a patented pharmaceutical product for 
export to an eligible importing member in accordance with the 
General Council Decision or the Protocol; 
"General Council Decision" ( {~J1. ¥ 1t #C JE » means the Decision 
adopted by the General Council of the WTO on 30 August 2003 on 
the Implementation of Paragraph 6 of the Doha Declaration; 
"patented pharmaceutical product" (.fU~~~~Jb) means-
(a) a pharmaceutical product which is an invention for which a 
standard patent or a short-term patent (as the case may be) 
has been granted; 
(b) in relation to a process for which a standard patent or a 
short-term patent (as the case may be) has been granted, a 
pharmaceutical product obtained directly by means of the 
process or to which the process has been applied; 
"pharmaceutical product" (~~ti~Jb) means-
(a) a pharmaceutical product within the meaning of section 2(1) 
of the Pharmacy and Poisons Ordinance (Cap. 138); 
(b) an active ingredient that is needed for making of a 
pharmaceutical product mentioned in paragraph (a); or 
(c) a diagnostic kit that is needed for the use of a 
pharmaceutical product mentioned in paragraph (a); 
"Protocol" « B j7qPL~JE.}) means the Protocol Amending the TRIPS 
Agreement adopted by the General Council of the WTO at Geneva 
on 6 December 2005, the Annex to the Protocol Amending the 
TRIPS Agreement, the Annex to the TRIPS Agreement and the 
Appendix to the Annex to the TRIPS Agreement; 
"relevant instrument or legislation" (ff~X.~rtf9tl) means­
(a) the General Council Decision; 
(b) the Protocol; or 
( c) legislation made by the exporting member or the eligible 
importing member, as the case may be, pursuant to or for 
the purpose of implementing-
(i) the General Council Decision; or 
(ii) the Protocol; 
"TRIPS Agreement" «~~£titb»~}) means the Agreement on Trade­
Related Aspects of Intellectual Property Rights, being Annex 1C of 
the World Trade Organisation Agreement; 
"TRIPS Council" (~~~tlJ1.¥~) means the Council for Trade-Related 
Aspects of Intellectual Property Rights referred to in Article 68 of the 
TRIPS Agreement; IPINIlIHKGIPIlI Add.6 
Page 4 
"WTO" (iit3iL~~#Ji~) means the World Trade Organisation established 
in Geneva on 1 January 1995 under the World Trade Organisation 
Agreement;" . 
4. Special provision regarding invention 
covered by 2 or more patents 
Section 9 is amended by repealing" or the provisions of Part IX relating to 
Government use" and substituting ", the provisions of Part IX relating to 
Government use, an import compulsory licence having effect under Part IXA 
or an export compulsory licence having effect under Part IXB". 
5. Parts IXA and IXB added 
The following are added immediately before Part X-
"PART IXA 
IMPORT COMPULSORY LICENCES FOR PATENTED 
PHARMACEUTICAL PRODUCTS 
72A. Interpretation of Part IXA 
In this Part, unless the context otherwise requires­
"Director" (~ft) means the Director of Health; 
"import compulsory licence" (it Q ~~wUtEt~r-F) means a compulsory licence 
granted under section 72C; 
"import compulsory licensee" (itQ5$1!JUttt~r-F1~~ A) means the holder of 
an import compulsory licence; 
"proprietor" (m1f A), in relation to a patent, means the proprietor of the 
patent that is granted in Hong Kong. . 
72B. Declaration of extreme urgency for 
public health problem 
(1) The Chief Executive in Council may, for the purposes of 
applying sections 72C to 72J, by notice published in the Gazette declare a 
period of extreme urgency whenever the Chief Executive in Council 
considers it to be necessary or expedient in the public interest to do so to 
address any public health problem or threatened public health problem in 
Hong Kong. IPINIl/HKGIPI1/ Add.6 
Page 5 
(2) Where a period of extreme urgency has been declared under 
subsection (1), the Chief Executive in Council shall review from time to 
time, or cause to be reviewed from time to time, the public health problem 
or the threatened public health problem leading to the declaration. 
(3) The period of extreme urgency declared under subsection (1) 
continues to run until such a date as may be specified by the Chief 
Executive in Council by notice published in the Gazette terminating the 
period of extreme urgency. 
(4) A notice published under subsection (1) or (3) is subsidiary 
legislation. 
72e. Grant of import compulsory licences 
for patented pharmaceutical products 
During a period of extreme urgency declared under section 72B(1), 
where the Director considers that the pharmaceutical industry in Hong 
Kong has no or insufficient capacity to manufacture a patented 
pharmaceutical product to meet the needs for the product in Hong Kong, 
the Director may grant an import compulsory licence under the patent 
concerned, subject to such terms and conditions as he may impose, to a 
public officer or any other person to do in Hong Kong in relation to the 
product all or any of the following which appears to the Director to be 
necessary or expedient in connection with the extreme urgency giving rise 
to the declaration-
(a) importing, putting on the market, stocking or using the 
product; 
(b) any other act which would, apart from this section, amount 
to an infringement of the patent concerned. 
72D. Terms, conditions and nature of import 
compulsory licences 
(1) The terms and conditions subject to which an import 
compulsory licence is granted under section 72C 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 
covered by the licence; and 
(iii) the duration of the licence; 
(b) terms and conditions providing that-IP /N/lIHKGIP/l/ Add.6 
Page 6 
(i) the patented pharmaceutical product which is imported 
to Hong Kong under the licence shall not be exported 
out of Hong Kong; 
(ii) the patented pharmaceutical product shall be-
(A) clearly identified as being imported 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; and 
(iii) the licence is non-assignable except with that part of 
the enterprise or goodwill which enjoys the use of the 
patent under the licence; and 
( c) any other terms or conditions as the Director thinks fit 
having regard to the public health needs in Hong Kong in 
the period of extreme urgency declared under section 72B(1). 
(2) An import compulsory licence is non-exclusive. 
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 tor 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. IP/N/l/HKG/P/l/Add.6 
Page 7 
(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). 
72F. Notification of grant of import compulsory 
licences and remuneration agreed, etc. 
(1) The Director shall as soon as practicable after the grant of an 
import compulsory licence under section 72C-
(a) give notice in writing to the proprietor of the patent 
concerned of the grant of the licence and its terms and 
conditions; and 
(b) advertise in the official journal notice of the grant of the 
licence and its terms and conditions. 
(2) The Director shall-
(a) as soon as practicable after any amount of remuneration 
has been agreed under section 72E(2)( a) between him and 
the proprietor of the patent concerned, advertise in the 
official journal a notice stating-
(i) the amount of remuneration so agreed with the 
proprietor of the patent concerned named in the notice 
and, where applicable, the apportionment of the 
amount of remuneration under section 72E(5); and 
(ii) that any other person who is entitled to claim 
remuneration payable under section 72E(2) may make 
an application to the court under section 72J (2); or 
(b) as soon as practicable after he is satisfied that he and the 
proprietor of the patent concerned have failed to agree on 
the amount of remuneration payable under section 72E(2), 
advertise in the official journal a notice stating-IPINIlIHKGIPI 11 Add.6 
Page 8 
(i) the fact of the failure to agree on the amount of 
remuneration with the proprietor of the patent 
concerned named in the notice; and 
(ii) that any other person who is entitled to claim 
remuneration payable under that section may make an 
application to the court under section 72J(2). 
72G. Termination of import compulsory 
licences 
(1) The Director may terminate an import compulsory licence by 
giving notice in writing to the import compulsory licensee if he is satisfied 
that any term or condition of the licence imposed under section 72C has 
been contravened. 
(2) The Director shall as soon as practicable after the termination of 
an import compulsory licence under subsection (1)-
(a) give notice in writing to the proprietor of the patent 
concerned of the termination; and 
(b) advertise in the official journal notice of the termination. 
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-IPlNlllHKGIPIl/ Add.6 
Page 9 
(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. 
721. No infringement of patents by persons to 
whom patented pharmaceutical products 
are disposed of in accordance with 
import compulsory licences 
(1) A person to whom a patented pharmaceutical product is 
disposed of in accordance with an import compulsory licence may, 
without consent of the proprietor of the patent concerned, put on the 
market, stock or use the product, in Hong Kong, for the purposes in 
connection with the extreme urgency giving rise to the declaration under 
section 72B(1) as if he had been authorized by the licence to do so. 
(2) A person to whom a patented pharmaceutical product is 
disposed of in accordance with an import compulsory licence shall not 
export or cause to export the product out of Hong Kong. 
72J. References of disputes as to import 
compulsory licences 
(1) If the Director and the proprietor of the patent concerned fail to 
agree on the amount of remuneration payable under section 72E(2), either 
party may, subject to subsection (5), apply to the court for an order to 
determine the amount of remuneration payable under that section. IPINIl/HKG/P/lfAdd.6 
Page 10 
(2) A person who is not a party to any agreement reached on the 
amount of remuneration under section 72E(2)(a) but is entitled to claim 
remuneration payable under section 72E(2) may, subject to subsection (5), 
apply to the court for an order for payment of remuneration under that 
section. 
(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 Hong Kong of the use of the 
patented pharmaceutical product imported under the 
relevant import 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 agreed under section 72E(2)(a). 
(5) No application may be made under subsection (1) or (2) after the 
expiry of the period of 28 days from the date of the advertisement of the 
notice under section 72F(2), unless the court determines otherwise. 
(6) Any person aggrieved by-
(a) the grant of an import compulsory licence; 
(b) any term or condition of an import compulsory licence 
imposed under section 72C; 
(c) the apportionment of the amount of remuneration under 
section 72E( 5); or 
(d) the termination of an import compulsory licence under 
section 72G(1), 
may, within 28 days after the date of the advertisement of the notice under 
section 72F(1)(b) or (2)(a)(i) 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, the apportionment of the amount of 
remuneration or the termination of the licence (as the case may be). 
(7) In a review the court may-
(a) confirm, vary or cancel the import compulsory licence; 
(b) confirm, vary or cancel a term or condition of the import 
compulsory licence imposed under section 72C; 
(c) confirm or vary the apportionment of the amount of 
remuneration under section 72E( 5); 
(d) confirm or reverse the termination of the import 
compulsory licence under section 72G(1); or IPINIl/HKGIPIl/ Add.6 
Page 11 
(e) make any other order as the court thinks fit in the 
circumstances. 
(8) The proprietor of the patent concerned may apply to the court 
for an order to terminate an import compulsory licence on the ground 
that any term or condition of the licence imposed under section 72C has 
been contravened. 
(9) The court may, on an application under subsection (8)-
(a) make an order to terminate the import compulsory licence if 
the court is satisfied that any term or condition of the 
licence imposed under section 72C has been contravened; 
and 
(b) make any other order as the court thinks fit in the 
circumstances. 
PART IXB 
EXPORT COMPULSORY LICENCES FOR PATENTED 
PHARMACEUTICAL PRODUCTS 
72K. Interpretation of Part IXB 
In this Part, unless the context otherwise requires­
"Director" (~-R) means the Director of Health; 
"export compulsory licence" (ill D 5$mU'~t~r-F) means a compulsory licence 
granted under section 72M; 
"export compulsory licensee" (ill Q 5$lffU'lit~r-F1~ff A) means the holder of 
an export compulsory licence; 
"Hong Kong patent number" (w~.fU~-5fu), in relation to a patent, 
means-
(a) a number assigned by the Registrar to a certificate issued in 
respect of the patent under section 27(1)(b); 
(b) a number assigned by the Registrar to a certificate of grant 
issued in respect of the patent under section 118(2)(b); or 
( c) a number assigned by the Registrar to a certificate of 
registration issued in respect of the patent under the 
Registration of Patents Ordinance (Cap. 42) which has been 
repealed under section 154(1); 
"proprietor" (ElTff A), in relation to a patent, means the proprietor of the 
patent that is granted in Hong Kong. IPINIlIHKGIPI1/ Add.6 
Page 12 
72L. Application for export compulsory licences 
for patented pharmaceutical products 
(1) At any time after the grant of a standard patent or a short-term 
patent in respect of a patented pharmaceutical product, any person may 
apply to the Director for the grant of an export compulsory licence under 
the patent concerned in relation to the product under section 72M. 
(2) The application shall be made in writing and­
(a) shall specify the following information-
(i) the name and address of the applicant and of any agent 
or representative authorized by the applicant for the 
purpose of the application; 
(ii) the name of the patented pharmaceutical product to be 
made and sold for export under an export compulsory 
licence the subject of the application; 
(iii) the amount of the patented pharmaceutical product to 
be made and sold for export under the export 
compulsory licence; 
(iv) the name of the eligible importing member to which the 
patented pharmaceutical product is to be exported 
under the export compulsory licence; 
(v) the duration of the export compulsory licence applied 
for by the~applicant; 
(vi) the Hong Kong patent number or Hong Kong patent 
numbers in relation to the patented pharmaceutical 
product; 
(vii) the proposed labelling, marking, packaging, colouring 
or shaping for the patented pharmaceutical product 
required by section 72N(1)(b)(ii); 
(viii) the address of a website on which the applicant is 
required to post the information referred to in section 
72N(1 )(b )(iii); 
(ix) any information obtained pursuant to subsection (3); 
(x) any other information as the Director may reasonably 
require for the purposes of granting the export 
compulsory licence; and 
(b) shall be accompanied by-
(i) a copy of the written request from the eligible importing 
member, any representative, non-governmental 
organization or international health organization 
authorized by the eligible importing member to the 
applicant for the patented pharmaceutical product and 
the amount of the product requested; IPINI 1 IHKGIPI 1/ Add.6 
Page 13 
(ii) a copy of the notification made by the eligible 
importing member to the TRIPS Council stating­
(A) the name and the amount of the patented 
pharmaceutical product requested by the eligible 
importing member; 
(B) where the eligible importing member is not a 
least-developed country recognized by the United 
Nations, that the eligible importing member has 
no or insufficient capacity to manufacture the 
patented pharmaceutical product; and 
(C) where the pharmaceutical product is patented in 
the eligible importing member, that the eligible 
importing member has granted or intends to grant 
a compulsory licence to import the product in 
accordance with the relevant instrument or 
legislation; 
(iii) where applicable, a copy of notice of the intended 
application given to the proprietor of the patent 
concerned under subsection (4)(b)(i) or (5)(a)(i); 
(iv) where applicable, a declaration made by the applicant 
under the Oaths and Declarations Ordinance (Cap. 11) 
declaring---that he has made reasonable efforts in 
accordance with subsection (4) (a) to obtain 
authorization from the proprietor of the patent 
concerned on reasonable commercial terms and 
conditions but the efforts have not been successful 
within 28 days after they had been made; and 
(v) if the pharmaceutical product is patented in the eligible 
importing member, documentary evidence of any 
compulsory licence granted by the eligible importing 
member for importation of the product. 
(3) A person who intends to make an application under subsection 
(1) shall, before he makes the application, take reasonable steps to obtain 
from the eligible importing member information on the amount of the 
patented pharmaceutical product to be made and exported to the eligible 
importing member by any exporting member other than Hong Kong 
under any compulsory licence granted elsewhere. 
(4) Where a person intends to make an application under 
subsection (1) and the eligible importing member has not notified the 
TRIPS Council that it is faced with a national emergency or other 
circumstances of extreme urgency, the person shall-IPINIl/HKG/P/l/ Add.6 
Page 14 
(a) not later than 28 days before the date of the application, 
make reasonable efforts to obtain authorization from the 
proprietor of the patent concerned on reasonable 
commercial terms and conditions to make and sell for 
export the patented pharmaceutical product of such amount 
as requested by the eligible importing member; and 
(b) not later than 14 days before the date of the application-
(i) give the proprietor of the patent concerned notice of 
the intended application containing the information 
required under subsection (2)(a) (except subparagraphs 
(viii) and (x) of that subsection); and 
(ii) attach to the notice all the documents and 
documentary evidence required under subsection (2)(b) 
(except subparagraphs (iii) and (iv) of that subsection). 
(5) Where a person intends to make an application under 
subsection (1) and the eligible importing member has notified the TRIPS 
Council that it is faced with a national emergency or other circumstances 
of extreme urgency, the person shall-
(a) (i) at any time before the application is made, give the 
proprietor of the patent concerned notice of the 
intended application containing the information 
required under subsection (2)(a) (except subparagraphs 
(viii) and (x) of that subsection); or 
(ii) as soon as practicable after the application is made, 
give the proprietor of the patent concerned notice of 
the application containing the information required 
under subsection (2)(a); 
(b) attach to the notice all the documents and documentary 
evidence required under subsection (2)(b) (except 
subparagraphs (iii) and (iv) of that subsection); and 
( c) as soon as practicable after notice is given under paragraph 
(a), submit a copy of the notice to the Director. 
72M. Grant of export compulsory licences 
for patented pharmaceutical products 
The Director may grant an export compulsory licence under the 
patent concerned, subject to such terms and conditions as he may impose, 
to an applicant to make a patented pharmaceutical product and sell the 
product for export to an eligible importing member if he is satisfied that-
(a) all the requirements of section 72L have been met; IPINIlIHKGIPIlI Add.6 
Page 15 
(b) the amount of the product applied for by the applicant to be 
made and sold for export under the licence does not exceed 
the amount stated in the notification referred to in section 
72L(2)(b)(ii) (A) , after taking into account any information 
obtained pursuant to section 72L(3); and 
(c) the application is made in response to the request from 
the eligible importing member referred to in section 
72L(2)(b )(i). 
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 web site 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 IPINI1IHKGIP111 Add.6 
Page 16 
(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. 
720. Notification of grant of export 
connpulsorylicences 
The Director shall as soon as practicable after the grant of an export 
compulsory licence under section 72M-
(a) give notice in writing to the proprietor of the patent 
concerned, as identified pursuant to the information 
specified in the application in accordance with section 
72L(2)(a) (vi) , of the grant of the licence and its terms and 
conditions; and 
(b) advertise in the official journal notice of the grant of the 
licence and its terms and conditions. 72P. Determination of remuneration 
payable to proprietors of patents IPIN/1/HKG/P/1/ Add.6 
Page 17 
(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 iniporting 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). 
72Q. Termination of export compulsory 
licences 
(1) The Director may terminate an export compulsory licence by 
giving notice in writing to the export compulsory licensee if he is satisfied 
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. 
(2) The Director shall as soon as practicable after the termination of 
an export compulsory licence under subsection (1)-
(a) give notice in writing to the proprietor of the patent 
concerned, as identified pursuant to the information 
specified in the application in accordance with section 
72L(2)(a)(vi), of the termination; and 
(b) advertise in the official journal notice of the termination. 
72R. References of disputes as to export 
cODlpulsory licences 
(1) Any person aggrieved by-IP/N/l/HKGIP/1/ Add.6 
Page 18 
(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(I), 
may, within 28 days after the date of the advertisement of the notice under 
section 720(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. IPINIlIHKGIPIlI Add.6 
Page 19 
(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. 
72S. Signature of documents by partnerships, 
companies and associations 
F or the purposes of this Part-
(a) a document signed for or on behalf of a firm shall be signed 
by all of its partners, by any partner stating that he signs on 
behalf of the firm or by any other person who satisfies the 
Director that he is authorized by the firm to sign the 
document; 
(b) a document signed for or on behalf of a body corporate 
shall be signed by a director or the secretary or other 
principal officer of the body corporate or by any other 
person who satisfies the Director that he is authorized by 
the body corporate to sign the document; and 
(c) a document signed for or on behalf of an unincorporated 
body or association of persons other than a firm shall be 
signed by any person who satisfies the Director that he is 
authorized by the unincorporated body or association of 
persons (as the case may be) to sign the document.". 
6. Licences granted by order of the 
court or Registrar 
(1) The heading of section 138 is amended by adding "or by Director of 
Health" after "Registrar". 
(2) Section 138 is amended-
(a) by renumbering it as section 138(1); IPlNllfHKGfPllIAdd.6 
Page 20 
(b) by adding-
"(2) Without prejudice to any other method of 
enforcement, any import compulsory licence or export 
compulsory licence granted under section 72C or 72M (as the 
case may be) has effect as if it were a deed, executed by the 
proprietor of the standard patent or the short-term patent (as 
the case may be) and all other necessary parties.". 
7. Section added 
The following is added-
"139A. Protection of Government and 
public officers 
(1) No liability shall rest on the Government or any public officer 
by reason of the fact that-
(a) any authority is given under section 69; or 
(b) any import compulsory licence or export compulsory 
licence is granted under section 72C or 72M (as the case 
may be). 
(2) A public officer is not personally liable in respect of any act or 
omission of his if it was done or made by him in the honest belief that it 
was required or authorized in the exercise of any function, duty or power 
of his under Part IX, IXA or IXB (as the case may be). 
(3) The protection conferred on public officers by subsection (2) in 
respect of any act or omission does not affect any liability of the 
Government in tort for that act or omission.". L.N. 234 of 2007 IP /NI 1 IHKGIPI 1/ Add.6 
Page 21 
PATEl'VfS (AMENDMENT) ORDINANCE 2007 
(COMMENCEMENT) NOTICE 
Under section 2 of the Patents (Amendment) Ordinance 2007 (21 of 2007), 
I appoint 22 February 2008 as the day on which the Ordinance shall come into 
operation. 
7 December 2007 Frederick S. MA 
Secretary for Commerce and 
Economic Development