1. Under what circumstances can compulsory licensing of patented drugs be implemented?
1. For the purpose of public health, the patent administration department of the State Council 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.
2. Legal basis: People's Republic of China (PRC) Patent Law.
Article 55
For the purpose of public health, the patent administration department of the State Council 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.
Second, what are the consequences of compulsory patent licensing?
(1) Consequences: non-exclusive, non-transferable and paid.
Units or individuals applying for compulsory license shall provide proof that they have not signed a license contract with the patentee on reasonable terms. The decision made by the administrative department for patent in the State Council to grant a compulsory license for exploitation shall be notified to the patentee in time, and shall be registered and announced. The decision to grant compulsory license shall stipulate the scope and time of implementation according to the reasons for compulsory license. When the reasons for compulsory license are eliminated and no longer exist, the administrative department for patent in the State Council shall, at the request of the patentee, make a decision to terminate the compulsory license after examination. Units or individuals that have obtained the compulsory license for implementation do not enjoy the exclusive right of implementation, nor have the right to allow others to implement it. If the patentee refuses to accept the decision of the patent administrative department of the State Council on compulsory license, and if the patentee and the unit or individual that obtained the compulsory license refuse to accept the decision of the patent administrative department of the State Council on compulsory license fee, they may bring a lawsuit to the people's court within three months from the date of receiving the notice.
(b) the result of the confiscation of the permit by the government
If the invention patent of state-owned enterprises and institutions is of great significance to the national interests or social public interests, the relevant competent departments of the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may decide to popularize and apply it within the approved scope, allowing designated units to implement it, and the implementing units shall pay royalties to the patentee in accordance with state regulations. The invention patents of collectively-owned units and individuals in China are of great significance to national interests or public interests. Need to promote the application, with reference to the relevant provisions.
According to the provisions of the Patent Law, for the purpose of public health, the patent administration department of the State Council 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.