### Patents Ordinance 《專利條例》

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—
(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.

72I. 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.

### Patents Ordinance 《專利條例》

72K. Interpretation of Part 9B
(Amended 17 of 2016 s. 68)In this Part, unless the context otherwise requires—
Director (署長) means the Director of Health;
export compulsory licence (出口強制性特許) means a compulsory licence granted under section 72M;
export compulsory licensee (出口強制性特許持有人) means the holder of an export compulsory licence;

Hong Kong patent number (香港專利編號), in relation to a patent, means—
(a) a number assigned by the Registrar to a certificate of grant issued in respect of the patent under section 27(1)(b); (Amended 17 of 2016 s. 68)
(ab) a number assigned by the Registrar to a certificate of grant issued in respect of the patent under section 37X(2)(b); (Added 17 of 2016 s. 68)
(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 (所有人), in relation to a patent, means the proprietor of the patent that is granted in Hong Kong.

### Patents Ordinance 《專利條例》

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;
(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).

### Patents Ordinance 《專利條例》

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 website 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
(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.