Article 49 of the current Patent Law provides that when an emergency or an extraordinary situation occurs in China, or for the purpose of the public interest, SIPO may grant a compulsory licence for the exploitation of an invention patent or utility model patent. The Measures now define "public interest" to include the prevention and control of the breakout and spread of infectious diseases, as well as the treatment thereof. "National emergency" means a public health crisis caused by the breakout and spread of infectious diseases. "Infectious diseases" include AIDS, Tuberculosis, Malaria and many others prescribed in the PRC Infectious Diseases Prevention and Treatment Law. Such interpretation has its origin in the Doha Declaration passed at the WTO Ministerial Conference in 2001. Compulsory licensing may be granted for any patented products or products produced using patented methods for treating infectious diseases in the following situations:
The Measures entered into force on 1 January 2006.