Measures for Compulsory License on Patent Implementation Promulgated and to Come into Force on May 1
On May 15, the State Intellectual Property Office promulgated the Measures for Compulsory License on Patent Implementation (the "Measures") which will come into force on May 1, 2012.
The Measures state that the State Intellectual Property Office will be responsible for accepting and reviewing the applications for compulsory license, the applications for adjudication of royalties of compulsory license and the applications for termination of compulsory license and making corresponding decisions. Pursuant to the provisions of Article 48 - 51 of the Patent Law of the People's Republic of China, the government, and qualified organizations or individuals may apply for compulsory license.
The Measures define the application for compulsory license and its acceptance, review and decisions, the review and adjudication of the application for adjudication of royalties of compulsory license and other relevant matters.