<img src="https://publish-01.obsidian.md/access/744ac39d33cabbc297b91373bfcac24d/bin/images/China_map.png" alt="China" class="page-header-sidebar-image"> China has provisions in its legislation relating to the granting of compulsory licences. These can be found in the Patent Law of the People’s Republic of China. - Non-working / insufficient working - Where the patentee, after three years from grant or four years from the filing date of the patent, has not exploited (worked) or has not sufficiently exploited the patent without legitimate reason. - Often framed as the patentee failing to satisfy domestic demand or failing to manufacture the invention in China at an adequate scale. - Refusal / monopoly / competition-related misuse - If the enforcement of the patent right by the patentee is determined by law to be an act of monopoly (anti-competitive behaviour), and a compulsory licence is needed to eliminate or reduce adverse effects on competition. - Public interest / national emergency / public health export case - Under Article 49/50 (2020 revision) of the Patent Law: if national emergency, extraordinary state of affairs or public interest requires it; for public health purposes the State may grant a compulsory licence for a patented pharmaceutical product for manufacture and export to countries/regions specified in treaties to which China is party. - Dependent (later) patent / major technical advance - Where a later invention for which a patent right has been granted involves a major technological advancement of considerable economic significance in relation to an earlier invention, and the exploitation of the later invention depends on exploitation of the earlier one — a compulsory licence may be granted to the owner of the later invention (or earlier) as appropriate. More information can be found [here](https://english.cnipa.gov.cn/art/2013/7/17/art_1349_81672.html ). ## Compulsory licences China has granted compulsory licence for: - [[3TC-D4T-NVP]] - [[3TC-D4T-NVP, LPV-r]] ## Generic manufacturers China has its own generic manufacturer: [Yangtze River Pharmaceutical Group (YRPG)](https://www.yrpgl.com/ ).