What are the contents of the compulsory license royalty award?

The contents of the compulsory license fee award include the basic information of the parties to the lawsuit, the litigation claims, facts and reasons, the result of the award (i.e. whether the use is compulsorily licensed, the scope, period, use fees, etc.), the name of the court that made the award, the name and date of the judge . Regarding the content of the compulsory license royalty award, the editor of Legal Savior Network will answer it in detail for you below.

1. What are the contents of the compulsory license royalty award

1 The content of the compulsory license fee award includes the basic information of the parties to the lawsuit, the litigation claims, facts and reasons, the result of the award (i.e. whether the use is compulsorily licensed, the scope, period, use fees, etc.), the name of the court that made the award, the name of the judge and date.

2. Legal basis "Patent Law of the People's Republic of China"

Article 48 Under any of the following circumstances, the patent administration department of the State Council may grant a compulsory license to exploit an invention patent or utility model patent based on the application of an entity or individual that meets the conditions for implementation:

(1) It has been three years since the patent right was granted, and four years since the patent application was filed, and the patentee has failed to implement or fully implemented his patent without justifiable reasons;

(2) The behavior of the patentee exercising the patent right is determined to be a monopoly behavior in accordance with the law, and the purpose is to eliminate or reduce the adverse impact of the behavior on competition.

Article 49 In the event of a national emergency or extraordinary situation, or for the purpose of public interest, the patent administration department of the State Council may grant an invention patent or utility Compulsory license for new patents.

2. The State Intellectual Property Office determines the appropriateness of compulsory license royalties What are the conditions

1. The decision to grant compulsory license has been announced.

2. The requester is the patentee or an organization or individual that has obtained a compulsory license.

3. The two parties cannot reach an agreement after negotiation.

4. If a request is made for a ruling on the compulsory license fee, the compulsory license fee shall be submitted The request for adjudication shall state the following items:

(1) The name and address of the petitioner;

(2) The nationality of the petitioner or the country where the petitioner’s headquarters is located;

(3) The document number of the decision to grant compulsory license;

(4) Name and address of the person being requested;

(5) Reasons for requesting a ruling on compulsory license royalties;

(6) Relevant matters that should be noted if the petitioner entrusts a patent agency; the petitioner has not entrusted a patent agency If the agency is an agency, the name, address, postal code and contact number of the contact person;

(7) The signature or seal of the requester; if the agency is entrusted, There should also be the seal of the patent agency;

(8) List of additional documents;

(9) Other matters that need to be noted.

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