Can a unit that has obtained a compulsory license allow others to implement it?

Under certain conditions, the relevant departments of the State Council can implement compulsory licenses for registered patents and force other units to use the registered patents. So, can the unit that has obtained the compulsory license allow others to implement it? Below, the editor of Legal Savior Network will provide readers with relevant answers.

Can a unit that has obtained a compulsory license allow others to implement it

obtained a compulsory license The licensing unit or individual does not enjoy the exclusive right to implement the patent and does not have the right to allow others to implement it. The unit that obtains the compulsory license must pay reasonable royalties to the patentee.

"People's Republic of China Patent LawArticle 56: An entity or individual that obtains a compulsory license for implementation does not enjoy the exclusive right to implement it, and has no right to allow others to implement it.

Article 57: The unit or individual that obtains the compulsory license shall pay the patentee a reasonable fee for use. fees, or the issue of usage fees shall be handled in accordance with the provisions of relevant international treaties to which the People's Republic of China is a party. If royalties are paid, the amount shall be negotiated by both parties; if the two parties cannot reach an agreement, the patent administration department of the State Council shall make a ruling.

The above knowledge is the editor’s answer to relevant legal issues. Units or individuals that have obtained a compulsory license do not enjoy the exclusive right to implement it, and do not have the right to allow others to do so. Implementation, the unit that obtains the compulsory license for implementation shall pay reasonable royalties to the patentee. If you need legal help, you are welcome to go to the Legal Savior Network for legal consultation.