A Study on Patent Compulsory License System in China – With Particular Reference to the Drafted 3rd Amendment to the Patent Law of the P.R. of China

  • Xiaohai Liu
Part of the MPI Studies on Intellectual Property, Competition and Tax Law book series (MSIP, volume 6)

The patent compulsory licensing system has always been a very controversial topic in intellectual property law, in particular for developing countries around the world. The TRIPS Agreement signed in 1994 did not stop these disputes; instead, due to the complication of the relationship between the TRIPS Agreement and the Paris Convention, patent compulsory licensing has become even more complica-ted. Although China has not issued any compulsory licenses, as this system involved numerous interests in the ongoing 3rd revision on the Patent Law, the patent compulsory licensing has become a focus to all.

Being involved in the legislative revision process of the Patent Law of the P.R. of China, I would like to explore the key issues on the patent compulsory licensing system from the perspective of China's law.

This paper will proceed as follows: firstly, it will discuss the meaning of ‘Failure to Work or Insufficient Working’ under the framework of TRIPS; secondly, it will explore whether the granting of a compulsory license is based on the refusal of the patent holder; thirdly, the paper will examine the relationship between compulsory license and anti-competition; and fourthly, it will cover the compulsory license for public health.


Supra Note Utility Model Compulsory License Trips Agreement Patent Holder 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.


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Copyright information

© Springer-Verlag Berlin Heidelberg 2009

Authors and Affiliations

  • Xiaohai Liu
    • 1
  1. 1.Bayer-Chair for Intellectual Property RightsTongji UniversityShanghaiP.R. of China

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