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Contents

Long Title

Part I PRELIMINARY

Part II ADMINISTRATION

Part III PATENTABILITY

Part IV RIGHT TO APPLY FOR AND OBTAIN PATENT

Part V APPLICATIONS FOR PATENTS

Part VI PROCEDURE FOR GRANT OF PATENT

Part VII PROVISIONS AS TO PATENTS AFTER GRANT

Part VIII PROPERTY IN PATENTS AND APPLICATIONS FOR PATENTS AND REGISTRATION

Part IX EMPLOYEES’ INVENTIONS

Part X CONTRACTS AS TO PATENTED PRODUCTS

Part XI LICENCES OF RIGHT AND COMPULSORY LICENCES

Part XII USE OF PATENTED INVENTIONS FOR SERVICES OF GOVERNMENT

Part XIII INFRINGEMENT OF PATENTS

Part XIV REVOCATION OF PATENTS AND VALIDITY PROCEEDINGS

Part XV AMENDMENTS OF PATENTS AND APPLICATIONS

Part XVI INTERNATIONAL APPLICATIONS FOR PATENTS

Part XVII LEGAL PROCEEDINGS

Part XVIII OFFENCES

Part XIX PATENT AGENTS

Part XX MISCELLANEOUS AND GENERAL

THE SCHEDULE Substances Which Are Not Pharmaceutical Products

Legislative Source Key

Legislative History

Comparative Table

Comparative Table

 
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On 21/05/2013, you requested for the version in force on 21/05/2013 incorporating all amendments published on or before 21/05/2013. The closest version currently available is that of 08/04/2013.
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THE SCHEDULE
Substances Which Are Not Pharmaceutical Products
1.  In this Schedule, unless the context otherwise requires —
“Chinese proprietary medicine” means any medicinal product in any dosage form used in the system of therapeutics according to the traditional Chinese method, that is to say, any medicinal product —
(a)
which has been manufactured as a finished product;
(b)
which contains one or more active ingredients which are derived wholly from any plant, animal or mineral or a combination of plants, animals or minerals; and
2005-REVED-221-1122313156-0001.GIF
but does not include —
(i)
any medicinal product to be injected into the human body;
(ii)
any item specified in the Poisons List in the Schedule to the Poisons Act (Cap. 234); or
(iii)
any medicinal product which contains as an active ingredient any chemically defined isolated constituent of any plant, animal or mineral or a combination of plants, animals or minerals;
“current edition”, in relation to any publication which describes a Chinese proprietary medicine, means an edition which is current at the time the Chinese proprietary medicine in question is sold or supplied, and includes any amendment, addition or deletion made to that edition of the publication up to that time;
“homoeopathic medicine” means any substance used in the system of therapeutics in which a disease is treated by the use of minute amounts of one or more substances capable of producing in a healthy human being symptoms similar to those of the disease being treated;
“medicated oil or balm” means any external medicated embrocation, medicated cream, ointment or inhalant which is used mainly for soothing purposes and which contains one or more of the following substances as active ingredients:
(a)
any essential oil;
(b)
any fixed oils derived from a plant;
(c)
methyl salicylate;
(d)
menthol;
(e)
camphor;
(f)
peppermint;
“quasi-medicinal product” means —
(a)
any anti-dandruff preparation;
(b)
any type of medicated cosmetics for the treatment of pimples and acne, except any preparation containing etretinate or 13-cis-retinoic acid;
(c)
any medicated soap;
(d)
any sweet for relieving coughs or throat irritations;
(e)
any medicated plaster;
(f)
any sunscreen or suntan preparation;
(g)
any medicated beverage;
(h)
any vitamin or nutritional preparation from a natural source; or
(i)
any medicated toothpaste;
“traditional medicine” means any medicinal product consisting of one or more substances derived from natural sources, that is to say, any plant, animal or mineral or a combination of plants, animals or minerals, but does not include —
(a)
any medicinal product administered by injection into a human body;
(b)
any vaccine used by a human being;
(c)
any product derived from human blood;
(d)
any item specified in the Poisons List in the Schedule to the Poisons Act (Cap. 234); or
(e)
any Chinese proprietary medicine.
2.  For the purposes of this Act, “pharmaceutical product” does not include —
(a)
any traditional medicine;
(b)
any homoeopathic medicine;
(c)
any quasi-medicinal product;
(d)
any raw material which is used as an ingredient in the preparation or manufacture of any medicinal product; or
(e)
any medicated oil or balm.
3.  For the avoidance of doubt, for the purposes of this Act, “pharmaceutical product” does not include any substance —
(a)
which is a type of food, a food additive or a food supplement; or
(b)
which occurs naturally in any plant, animal or mineral.