The term of the invention patent right is 20 years, and the term of the utility model patent right and the design patent right is 10 years, both counting from the date of application. Circumstances in which a patent right can be granted a compulsory license 1. Where a unit with implementation conditions requests the patentee of an invention or utility model to exploit its patent on reasonable terms, and fails to obtain a license within a reasonable time, the patent administration department of the State Council may, upon the application of the unit, grant a compulsory license to exploit the invention patent or utility model patent. 2. In case of national emergency or special circumstances, or for the purpose of public interest, the administrative department for patent in the State Council may grant a compulsory license to exploit the patent for invention or utility model. 3. Where the patented invention or utility model is a major technological progress with great economic significance compared with the invention or utility model of the previous patent, and its implementation depends on the implementation of the previous invention or utility model, the patent administration department in the State Council may grant a compulsory license to exploit the previous invention or utility model upon the application of the latter patentee. Where a compulsory license is granted in accordance with the provisions of the preceding paragraph, the administrative department for patent in the State Council may also grant a compulsory license to exploit the latter invention or utility model upon the application of the former patentee.
legal ground
copyright law
Article 21 The protection period of citizens' right of publication and the rights stipulated in Item (5) to Item (17) of Paragraph 1 of Article 10 of this Law shall be the author's life and fifty years after his death, and shall end on 65438+February 3 1 day in the fiftieth year after his death; If it is a cooperative work, the deadline is 65438+February 3 1 50 years after the death of the last dead author. The term of protection for the works of legal persons or other organizations, as well as the post works enjoyed by legal persons or other organizations, and the rights specified in Item (5) to Item (17) of Paragraph 1 of Article 10 of this Law is fifty years, ending at 65438+February 3 1 day in the fiftieth year after the first publication of the works, but the works have not been published within fifty years after the completion of the creation. For cinematographic works and works created by similar cinematographic or photographic methods, the term of protection of the right of publication and the rights stipulated in Items (5) to (17) of Paragraph 1 of Article 10 of this Law is fifty years, ending at 65438+February 3 1 day in the fiftieth year after the first publication of the works. However, if the work is not published within 50 years after the creation is completed, this law will no longer protect it.