Compulsory license refers to a license by which the Patent administration department under The State Council, in accordance with the Patent Law, directly permits other entities or individuals to exploit their invention-creation without the consent of the patentee. What are the compulsory licensing provisions for patent implementation? The following legal savior Xiaobian collated the following content for you to answer, I hope to help you.
What are the compulsory licensing provisions for patent implementation
Article 48 Under any of the following circumstances, the patent administration department under The State Council may grant a Compulsory license to exploit a patent for invention or utility model upon the application of an entity or individual qualified for exploitation:
(1) where the patentee fails to exploit or fully exploit his or her patent without good reason for a period of three years from the date on which the patent right is granted and four years from the date on which the patent application is filed;
(2) The exercise of the patent right by the patentee is recognized as a monopoly act in accordance with the law, in order to eliminate or reduce the adverse effects of the act on competition.
Article 49 In the event of a national emergency or extraordinary situation, or for the public interest, the patent administration department under The State Council may grant a compulsory license to exploit the patent for invention or utility model.
Article 50 For the purpose of public health, the patent administration department under The State Council may grant a compulsory license for the manufacture and export of a drug to a country or region that complies with the provisions of the relevant international treaties to which the People's Republic of China is a party.
Article 51 Where an invention or utility model for which a patent right has been obtained represents a major technological advance of significant economic significance over the invention or utility model for which a patent right has been obtained previously, and the exploitation of which depends on the exploitation of the previous invention or utility model, the patent administration department under The State Council shall, upon the application of the later patentee, A compulsory license may be granted to exploit the preceding invention or utility model.
Where a compulsory license for exploitation is granted in accordance with the provisions of the preceding paragraph, the patent administration department under The State Council may, upon the application of the previous patentee, also grant a compulsory license for exploitation of the later invention or utility model.
Article 52 Where the invention-creation involved in a compulsory license is a semiconductor technology, its exploitation shall be limited to the purpose of public interest and the circumstances provided for in item (2) of Article 48 of this Law.
Article 53 Except for compulsory licenses granted in accordance with the provisions of Article 48 (2) and Article 50 of this Law, the implementation of compulsory licenses shall be mainly for the purpose of supplying the domestic market.
Article 54 Any entity or individual applying for a compulsory license in accordance with the provisions of Article 48 (1) and Article 51 of this Law shall provide evidence to prove that it has requested permission from the patentee to exploit the patent on reasonable terms and conditions, but has failed to obtain permission within a reasonable time.
The above is the relevant content of the legal savior Xiaobian summary, if there is anything that can not be understood in this article, you can find a lawyer for advice and guidance through the legal savior, they can directly tell you the answer.
