### Patents Ordinance 《專利條例》

72O. Notification of grant of export compulsory licences
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
(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).

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.

### Patents Ordinance 《專利條例》

72S. Signature of documents by partnerships, companies and associations
For 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.

73. Prevention of direct use of invention
A patent while it is in force shall confer on its proprietor the right to prevent all third parties not having his consent from doing in Hong Kong all or any of the following—
(a) in relation to any product which is the subject-matter of the patent—
(i) making, putting on the market, using or importing the product; or
(ii) stocking the product, whether for the purpose of putting it on the market (in Hong Kong or elsewhere) or otherwise;
(b) in relation to any process which is the subject-matter of the patent—
(i) using the process; or
(ii) offering the process for use in Hong Kong when the third party knows, or it is obvious to a reasonable person in the circumstances, that the use of the process is prohibited without the consent of the proprietor of the patent;
(c) where the invention is a process, then in relation to any product obtained directly by means of that process—
(i) putting on the market, using or importing the product; or
(ii) stocking the product, whether for the purpose of putting it on the market (in Hong Kong or elsewhere) or otherwise.
[cf. 1992 No. 1 s. 40 Eire]

### Patents Ordinance 《專利條例》

74. Prevention of indirect use of invention
(1) A patent while it is in force shall also confer on its proprietor the right to prevent all third parties not having his consent from supplying or offering to supply in Hong Kong a person, other than a party entitled to work the patented invention, with means, relating to an essential element of that invention, for putting it into effect, when the third party knows, or it is obvious in the circumstances to a reasonable person, that the said means are suitable and intended for putting that invention into effect in Hong Kong.
(2) Subsection (1) shall not apply when the means referred to therein are staple commercial products, unless the supply or offering is made for the purpose of inducing the person supplied or, as the case may be, to whom the offer is made to commit acts which the proprietor of a patent is enabled to prevent by virtue of section 73.
(3) Persons performing acts referred to in section 75(a), (b) or (c) shall not be considered to be parties entitled to work an invention pursuant to subsection (1).
(4) For the purposes of subsection (1)—
(a) reference in that subsection to a person entitled to work an invention includes a reference to a person so entitled by virtue of section 69; and
(b) a person who by virtue of section 30, 35, 39(4), 41(4) or (5), 83, 106(4) or 126(5) (including, in the case of section 41, that section as applied by section 127) is entitled to do an act in relation to the invention without it constituting an infringement of a patent for the invention shall, so far as concerns that act, be treated as a person entitled to work the invention.
[cf. 1992 No. 1 s. 41 Eire]

### Patents Ordinance 《專利條例》

75. Limitation of effect of patent
The rights conferred by a patent shall not extend to—
(a) acts done privately for non-commercial purposes;
(b) acts done for experimental purposes relating to the subject-matter of the relevant patented invention;
(c) the extemporaneous preparation for individual cases in a pharmacy of a medicine in accordance with a medical prescription issued by a registered medical practitioner or registered dentist (which terms bear the meaning assigned to them by section 2 of the Medical Registration Ordinance (Cap. 161) and section 2(1) of the Dentists Registration Ordinance (Cap. 156) respectively) or acts concerning the medicine so prepared;
(d) the use of the invention which is the subject of the patent—
(i) on board vessels registered in any of the Paris Convention countries or WTO member countries, territories or areas, other than Hong Kong; or
(ii) in the body of such vessels, or in the machinery, tackle, gear or other accessories of such vessels,
when such vessels temporarily or accidentally enter the territorial waters of Hong Kong, but only if the invention is used in such waters exclusively for the needs of the vessel;
(e) the use of the invention which is the subject of the patent in the construction or operation of—
(i) aircraft, hovercraft or land vehicles of Paris Convention countries or WTO member countries, territories or areas, other than Hong Kong; or
(ii) such aircraft, hovercraft or land vehicle accessories,
when such aircraft, hovercraft or land vehicles temporarily or accidentally enter Hong Kong;
(f) the use of an aircraft to which section 10(4) of the Civil Aviation Ordinance (Cap. 448) applies which has lawfully entered or is lawfully crossing Hong Kong (including the air space above it and its territorial waters), or the importation into Hong Kong, or the use or storage there, of any part or accessory for such an aircraft.
[cf. 1992 No. 1 s. 42 Eire]