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Measures on Compulsory Licensing for Patent Exploitation
released by:admin Time:2012-6-19 15:25:32 Read:2229Time

专利实施强制许可办法
 
Promulgating InstitutionState Intellectual Property Office
Document Number: Order No. 64 of the State Intellectual Property Office
Promulgatin Date:03/15/2012
 
The State Intellectual Property Office promulgated a new law, which came into force on May 1, 2012, providing a clearer explanation of the measures involved in compulsory licensing for patent exploitation.
 
For the purpose of protecting public health, an entity meeting the exploitation conditions may, make request for the granting of compulsory licensing for the manufacturing of the drugs that obtain the patent and the exporting of such drugs to the specific countries or regions.

When the country is in a state of emergency or extraordinary situation or for the purpose of safeguarding public interest, the relevant competent departments of the State Council may recommend to the State Intellectual Property Office the granting of the compulsory licensing to their designated entities.
 
New provisions are also laid out in relation to foreign enterprises who deal with compulsory licensing. These provisions state that such a foreign enterprise must entrust a patent agency who are able to deal with such affairs.
 
 
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