The new Measures on Compulsory Patent Licensing (专利实施强制许可办法)provide additional procedural guidance on how to apply for licences, but not much substantive guidance on what thresholds must be reached for granting a compulsory licence.
Cause for concern
New measures on compulsory licensing clarify the application process, but questions remain over how authorities will grant a licence and under what circumstances. China has yet to grant its first compulsory licence, but a decision earlier this year in India has reminded patent owners of the danger
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