Enforcement of compulsory patent licensing

A compulsory license for exploitation of a Patent means the right to use a compulsory license granted by the patent administration department under The State Council to the applicant for exploitation of an invention patent or a utility model patent. The right of compulsory exploitation of a patent can be obtained under the following two circumstances: 1. The applicant applies for the right of compulsory exploitation of a patent. If, at the expiration of three years from the date of the grant of the patent right, the applicant has the conditions to exploit the patent enjoyed by the patentee and, after negotiation, the permission of the patentee cannot be obtained for exploitation, the applicant may apply to the patent administration department under The State Council and obtain a compulsory license for exploitation of the patent after approval by the patent administration department under The State Council. The patent administration department under The State Council decides to grant compulsory licensing for exploitation of a patent. In the event of a state of emergency or emergency, or for the purpose of public interest, the special administrative department under The State Council may decide to enforce the compulsory license of the patentee's patent right for invention or utility model. If the invention to which the compulsory license relates is semiconductor technology, the compulsory license shall be limited to public non-commercial use, or to use determined by judicial or administrative procedures as a remedy for anti-competitive conduct. If the invention or utility model of a patent right constitutes a major scientific and technological advance of significant economic significance over the invention-creation or utility model of a previously obtained patent right and the exploitation of the invention or utility model depends on the previous invention or utility model, the patent administration department under The State Council may, upon the application of the later patentee, grant a compulsory license for exploitation of the previous patent right. The former patentee may also apply for a compulsory license of the latter patent. In granting a license for compulsory exploitation, the patent administration department under The State Council shall specify the scope and time of the license for compulsory exploitation in accordance with the reasons on which the applicant requested the license for compulsory exploitation. Where the reasons for the exploitation of the license for compulsory exploitation disappear and will not recur, the patentee shall make a request to the patent administration Department under The State Council to terminate the license for compulsory exploitation. In accordance with the provisions of the patent law, the decision to terminate the compulsory exploitation license is made.