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Patents (Amendment) Bill 2007 to be introduced
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    The Government is proposing amendments to the Patents Ordinance (Cap 514) to implement a Protocol adopted by the World Trade Organization (WTO) which gives WTO Member economies greater flexibility in sourcing generic versions of patented pharmaceutical products to address public health problems.

     The Patents (Amendment) Bill 2007 is published in the Gazette today (March 30) and will be introduced into the Legislative Council at its meeting on April 18.

     "The Bill will enable Hong Kong to have a wider choice of supply of medicines in situations of extreme urgency caused by public health problems," a spokesman for the Commerce, Industry and Technology Bureau said.

     "This strengthens Hong Kong's capability in handling public health crisis, in the overall interest of the community," he added.

     "We propose in the Bill that the Chief Executive-in-Council may declare a period of extreme urgency in Hong Kong by way of notice in the Gazette if it is considered necessary or appropriate in the public interest to do so to address a public health problem.

     "During such a period of extreme urgency, if the Director of Health considers that Hong Kong is unable to produce a certain medicine to contain the public health problem in question, he may grant an import compulsory licence to a suitable party to import the medicine (without the authorisation of the proprietor of the patent concerned).  

     "Separately, if a WTO Member makes a request for supply of a generic medicine under the Protocol, the Director of Health may issue an export compulsory licence to a local manufacturer to make and export the medicine to that member," he said.

     The import and export compulsory licences will be subject to terms and conditions which fully comply with the Protocol.  In line with the requirements in the Protocol, the Bill includes provisions for the payment of adequate remuneration to the proprietor of the patent concerned.

     "An appeal mechanism will also be put in place for aggrieved parties to apply to the court for a review of the decision(s) of the Director of Health in connection with the grant of a compulsory licence to import or export a pharmaceutical product under the Protocol," the spokesman said.

     The Protocol was adopted by the WTO in December, 2005, in recognition of the gravity of the public health problems afflicting many developing and least-developed countries, especially those resulting from HIV/AIDS, tuberculosis, malaria, and other epidemics.  Without the Protocol, developing and the least-developed WTO Member economies who lack manufacturing capacities face difficulties in appealing to other Member economies with manufacturing capacities to export generic medicines to them.  This is because the majority of the pharmaceutical product made under the existing compulsory licence system should be predominantly for the supply of the domestic market, not for export.

     The Protocol is open for acceptance by WTO Members until December 1 this year or such later date as may be decided by the Ministerial Conference of the WTO.  It will take effect upon acceptance by two-thirds of WTO Members.

     "We intend to notify the WTO of Hong Kong's acceptance of the Protocol after the passage and enactment of the Bill," the spokesman said.

Ends/Friday, March 30, 2007
Issued at HKT 18:37

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