Newsletter
REGULATIONS ON COMPUL-SORY LICENSING OF PATENTS
On 13 June 2003 the PRC State Intellectual Property Office (SIPO) promulgated its Regula-tions Governing Compulsory Patent Licensing, which took effect on 15 July. The regulations provide for three main types of compulsory li-censing: licensing for fair use, cross-licensing, and licensing in the public interest. The SIPO is responsible mainly for processing and examining applications for the grant of a compulsory license, for determination of royalties for a compulsory license, and for termination of a compulsory li-cense.
The regulations also define in detail the applica-tion procedures for the above three types of compulsory license, the documents to be sub-mitted to the SIPO by applicants, and the SIPO review procedures. When reviewing an appli-cation for the grant of a compulsory license, the SIPO may hear oral evidence at the parties' re-quest, except in the case of a license in the public interest. The regulations also require the SIPO to set the royalties for a compulsory license within three months from the date of receiving an ap-plication. An applicant who does not accept the level of royalties set by the SIPO may file an administrative suit within 30 days after receiving notice of the decision.