Trends in Compulsory Licenses in Greater China

Originally published in

Greater China, including mainland China and Taiwan, has long been eyed for its opportunities to reach an almost untouched billion person consumer base. Not surprisingly, a number of U.S. and multinational companies have entered the Greater China market. Those already in the market and those considering entering the Greater China market should be aware that intellectual property protection in those markets has a number of fundamental differences with protection of intellectual property rights in the United States. One such difference is the patentee’s right to exclude others from practicing a patented invention. Chinese and Taiwanese patent laws approach compulsory license laws differently from the United States, which tends to focus on patent misuse and antitrust laws.