China's SIPO Issues Draft Amendments to the Measures for Patent Compulsory Licensing

On October 12, 2011, China’s State Intellectual Property Office (the “SIPO”) issued for public comment draft amendments to the “Measures for Compulsory Patent Licensing” (the “Draft Amendments”). The Draft Amendments shed some light on the procedure for issuance of compulsory patent licenses for antitrust violations and the respective roles of the Chinese patent administration and Chinese antitrust authorities, but they leave many questions unanswered. The comment period ends on November 13, 2011.