### Patents Ordinance 《專利條例》

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. 
(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.

72C. 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.

### Patents Ordinance 《專利條例》

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—
(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.

### Patents Ordinance 《專利條例》

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 for 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.
(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).

### Patents Ordinance 《專利條例》

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—
(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.