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Patents (Amendment) Ordinance 2007 (Ordinance No. 21 of 2007) (Chapter 514), Hong Kong, China
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Latest Version in WIPO Lex
Year of Version
2007
Dates
Entry into force:
February 22, 2008
Issued:
November 29, 2007
Type of Text
Main IP Laws
Subject Matter
Patents (Inventions)
Notes
The notification by Hong Kong to the WTO under article 63.2 of TRIPS states:
'To implement the Protocol Amending the Agreement on Trade-Related Aspects of Intellectual Property Rights of the World Trade Organisation (“WTO”) adopted by the General Council of the WTO at Geneva on 6 December 2005 (“Protocol”) which aim is to facilitate access to patented pharmaceutical products for addressing public health problems.
To enable Hong Kong, China, before the coming into force of the Protocol, to make use of the Decision adopted by the General Council of the WTO on 30 August 2003 on the Implementation of Paragraph 6 of the Doha Declaration on the TRIPS Agreement an Public Health adopted on 14 November 2001 by the Fourth WTO Ministerial Conference at Doha, Qatar (“GC Decision”) to import or export patented pharmaceutical products from or to any of the WTO Members, regardless of whether such Member is relying on the Protocol or the GVC Decision.
To provide Hong Kong, China with added flexibility when sourcing patented pharmaceutical products to address any public health problem or threatened public health problem during a period of extreme urgency, as in providing the legal framework for the application and issue of import compulsory licenses; and to allow local generic medicine manufacturers to produce and export pharmaceutical products to other WTO Members, as in providing the legal framework for the application and issue of export compulsory licenses.'
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Patents (Amendment) Ordinance 2007 (Ordinance No. 21 of 2007) (Chapter 514)
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Legislation
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WTO Document Reference
IP/N/1/HKG/P/1/Add.6
WIPO Lex No.
HK091