2. The patentee's behavior of exercising the patent right is recognized as monopolistic behavior according to law, so as to eliminate or reduce the adverse effects of this behavior on competition.
3. In case of national emergency or extraordinary circumstances, or for the purpose of public interest, the patent administration organ may grant compulsory license to exploit the invention patent or utility model patent.
4. For the purpose of public health, the patent administration authorities may grant compulsory licenses for the manufacture and export of patented drugs to countries or regions that meet the requirements of relevant international treaties to which People's Republic of China (PRC) is a party.
5. The implementation of dependent patents requires compulsory license.
Legal basis: Article 48 of the Patent Law of People's Republic of China (PRC) is under any of the following circumstances, and the the State Council Patent Administration Department may grant a compulsory license to exploit the invention patent or utility model patent upon the application of a unit or individual with implementation conditions:
(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 not implemented or not fully implemented his patent;
(2) The patentee's act of exercising the patent right is recognized as a monopolistic act according to law, so as to eliminate or reduce the adverse effects of the act on competition.