Report

Other Comments Regarding the Patent System (25 submissions received)
14. How else should we position our system for the purposes of encouraging local innovation and attracting investors to use Hong Kong
as a launching pad for their research and development operations?
(e) set up an IP List at the High Court by appointing a panel or list of judges to
deal with IP cases, including patent cases;
(f) introduce clear procedural rules for amending patents;
(g) introduce provisions in the Patents Ordinance to deal specifically with the
patentability of biotechnological inventions; and
(h) introduce patent linkage to ensure that marketing approval for pharmaceutical
products will not be granted to infringing products before expiry of the
relevant patents.
HKAPI proposes the following changes:
(a) implement patent extensions for pharmaceuticals;
(b) maintain and grow Hong Kong’s competitive edge in clinical trials and other
R&D in the world’s increasing fluid knowledge economy;
(c) amend the Patents Ordinance to afford patent protection to pharmaceuticals
with second or further medical uses;
(d) introduce patent linkage to prevent the grant of marketing authorisation to
generic drugs before expiration of patent protecting the original drug product
or its patented use, so as to avoid unnecessary litigation, provide ready access
to information about the scope and expiry of patents and increase efficiency in
the pharmaceutical industry by increasing predictability and transparency;
(e) update provisions regarding procedures for patent enforcement under Order
175