What are the types of compulsory licensing of patent rights?

China's patent law stipulates three kinds of compulsory license, namely general compulsory license, special compulsory license and cross compulsory license. 1. General compulsory license General compulsory license means that when a unit with implementation conditions requests the patentee of an invention or utility model to exploit its patent under reasonable conditions, but fails to obtain the license within a reasonable time, the patent administration department of the State Council grants the patent for the invention or utility model a compulsory license according to the application of the unit. Article 48 of the Patent Law, which was revised for the third time, stipulates that under any of the following circumstances, the administrative department for patent in the State Council may grant a compulsory license to exploit a patent for invention or utility model upon the application of a unit or individual with 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 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. To apply for a general license, the following conditions must be met: First, the applicant has obtained a compulsory license from a unit or individual with the implementation conditions. The units here should be understood as units engaged in production and operation, and administrative units cannot be applied; Compared with the original patent law, the new law allows individuals to apply for compulsory license under the implementation conditions. Second, the object of applying for compulsory license is the invention and utility model patent, not the design patent. Because the design patent is only the shape, color, pattern and their mutual combination of products, the difference between it and the invention and utility model patent is that the design is the content of form and can be replaced by others, while the invention and utility model are the internal essential contents and cannot be reasonably replaced. Third, if the patentee fails to implement or not fully implement his patent for three years from the date of granting the patent right or four years from the date of filing the patent application, or the patentee exercises the patent right, it shall be deemed as monopolistic behavior according to law, so as to eliminate or reduce the adverse impact of this behavior on competition. 2. Special compulsory license Special compulsory license means that when there are special circumstances stipulated by law, for the benefit of the country and society, the Patent Office has the right to decide to grant compulsory license to the patentee's patent, so as to maintain social stability and protect public interests. Special compulsory license specifically includes: (1) compulsory license under national emergency or extraordinary circumstances or for the purpose of public interest. According to Article 49 of China's Patent Law, in case of national emergency or special circumstances, or for the purpose of public interest, the patent administration department in the State Council may grant compulsory license to exploit the invention patent or utility model patent. (II) Article 50 of the Patent Law, which was revised for the third time, stipulates that, for the purpose of public health, the patent administration department in the State Council may grant a compulsory license 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. (3) If the invention-creation involved in the compulsory license is a semiconductor technology as stipulated in Article 52 of the Patent Law, which was revised for the third time in the compulsory license year for semiconductor technology, its implementation is limited to the purpose of public interest, and the patentee's act of exercising the patent right is legally recognized as a monopolistic act, so as to eliminate or reduce the adverse impact of this act on competition. 3. Cross-compulsory licensing Cross-compulsory licensing, also known as mutual licensing, refers to a major technological progress with great 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 in the State Council may, upon the application of the post-patentee, grant a compulsory license to the invention or utility model before its implementation, and the patent administration department in the State Council may, upon the application of the former patentee, grant a compulsory license to the invention or utility model after its implementation.