What are the compulsory licensing behaviors of patent rights
1. Compulsory licensing under reasonable conditions
Article 48 of the Patent Law stipulates that the patentee shall It has been three years since the patent application was filed, and it has been four years since the patent application was filed, and the patent has not been implemented or fully implemented without justifiable reasons; the patentee's behavior of exercising the patent right is deemed to be a monopoly behavior in accordance with the law. In order to eliminate or reduce the If the conduct has an adverse impact on competition, a compulsory license may be granted to implement the invention patent or utility model patent.
2. Public interest compulsory license
Article 49 of the Patent Law stipulates that in the event of a national emergency or extraordinary Under certain circumstances, or for the purpose of public interest, the patent administration department of the State Council may grant a compulsory license to exploit an invention patent or utility model patent.
Article 50 provides that for public health purposes,For drugs that have obtained patent rights, the patent administration department of the State Council may grant a compulsory license to manufacture and export them to countries or regions that comply with the provisions of relevant international treaties to which the People's Republic of China is a party.
Article 52 stipulates that inventions and creations involved in compulsory licensing For semiconductor technology, its implementation is limited to the purpose of public interest and the purpose of restricting monopoly.
3. Compulsory license of dependent patents
Article 51 of the "Patent Law" stipulates that one If the patented invention or utility model is a major technological advancement of significant economic significance compared with the previously patented invention or utility model, and its implementation depends on the implementation of the previous invention or utility model, the Patent Administration Department of the State Council shall, on the basis of the latter, Upon application by the patentee, a compulsory license to implement the previous invention or utility model may be granted.
The Patent Administration Department of the State Council based on the previous patentee’s Upon application, a compulsory license to implement the latter invention or utility model may also be granted.
Restrictions on compulsory licenses
1. Except where monopoly is involvedExcept for compulsory licenses granted under behavioral and public interest restrictions, compulsory licenses should be implemented mainly to supply the domestic market;
2. When the time conditions for compulsory license with reasonable conditions are met and the compulsory license of subordinate patents is met, the unit or individual applying for compulsory license shall provide evidence to prove that it has reasonable conditions to request permission from the patentee. It implements the patent but fails to obtain a license within a reasonable time;
3. Implementation license does not apply to appearance design;
4. The unit or individual that has obtained the compulsory license for implementation does not enjoy the exclusive right to implement it and has no right to allow others to implement it;
5. The unit or individual that obtains the compulsory license shall pay the patentee a reasonable fee for use, or handle the use in accordance with the provisions of relevant international treaties to which the People's Republic of China is a party. Fee issues;
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