Cost-Containment Mechanisms for Essential Medicines, Including Antiretrovirals, in China - Health Economics and Drugs Series No. 013
(2003; 30 pages) [French] [Spanish] View the PDF document
Table of Contents
View the documentAcknowledgements
View the documentTerms of reference
Open this folder and view contentsIntroduction
View the documentBackground and experiences with voluntary agreements
View the documentCountry rights to be protected in voluntary agreements for reduction of prices of medicines
Close this folderCompulsory licensing - practical aspects and procedures
View the documentIdentify relevant patents
View the documentExplore possible sources of supply based on local production
View the documentIdentify possible sources of importation of the required medicine
View the documentMarketing approval
View the documentRequest for a compulsory licence
View the documentGranting of the compulsory licence by the Patent Administration Department
View the documentNegotiation with patent holder about fee
View the documentDetermination of fee by the Patent Administration Department
View the documentAppeal
View the documentOther considerations
View the documentConcluding comments
View the documentList of persons contacted
View the documentFurther reading
 

Determination of fee by the Patent Administration Department

If the fee negotiations fail, the fee will be determined by the Patent Administration Department. For the purposes of transparency and consistency, it would be advisable to make explicit the criteria used for the determination (such criteria are not defined in Chinese legislation), and to establish guidelines that will apply to all such fee determinations.

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