Compulsory Licensing in Chinese Patent Law

Although not one compulsory license has been requested and granted since the entry into force of the first Patent Law of the P.R. of China in 1985, it has been a hot topic in the patent field of China especially since China suffered SARS in 2003. The Patent Law of the P. R. of China is now undergoing revision for the third time. In the Draft of Amendments to the Patent Law (Draft) as promulgated by the State Intellectual Property Office (SIPO) on July 31, 2006 there are some significant changes about the compulsory licensing system to the current patent law. The following article will first briefly review the historic and current development of the compulsory licensing system in the patent law of the P.R. of China and then provide insight into the important proposed amendments of the compulsory licensing system in the Draft.