What are the types of compulsory licenses?
1. Compulsory patent license in national emergency. The Patent Law stipulates that in case of national emergency or emergency, or for the purpose of public interest, the patent administration department of the State Council may grant compulsory license to exploit the invention patent or utility model patent. State of emergency generally refers to the occurrence of war, social unrest, natural disasters and serious economic crisis. Although the patent right is the exclusive right or exclusive right enjoyed by the patentee according to law, the interests of the patentee should be subordinate to the interests of the country and the nation. 2. Compulsory licensing of subordinate patents The compulsory licensing of subordinate patents refers to the implementation of a compulsory licensing system conducive to the development of science and technology according to the interdependence between patents. This license is also called cross-licensing. According to the Patent Law, a patented invention or utility model is a significant technological progress with significant economic significance compared with the previously patented invention or utility model, and its implementation also depends on the former; Where an invention or utility model is exploited, the patent administration department in the State Council may, upon the application of the latter patentee, grant a compulsory license to exploit the former invention or utility model. Where a compulsory license is granted in accordance with the above provisions, 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. The significance of this legal provision is that in real life and patent practice, sometimes the former patent and the latter patent are interdependent. If the two patentees don't give in to each other and can't sign a license contract on reasonable terms, then both patents can't be implemented, and the result is not only unfavorable to the patentees, but also hinders economic development and scientific and technological progress. In order to solve this contradiction and enable the two patents to be implemented, the patent law stipulates the compulsory licensing system for subordinate patents. 3. There are differences in social system, economic system, political system, cultural and historical background in more than 0/00 countries with patent system for other types of compulsory licenses. Considering the national interests, the patent laws of various countries stipulate compulsory licenses for patents related to the national economy, people's livelihood and national security. For example, national defense-related patents; Patents related to the national economy; Patents related to public health, etc. If the patentee fails to implement it or does not fully implement it, the state may requisition it and take compulsory licensing measures.