The judicial interpretation of the High Court pointed out that the interested parties include exclusive licensors and exclusive licensors, but did not mention ordinary licensors. Therefore, generally speaking, an ordinary licensor cannot act as a prosecutor, and even if it is authorized by the patentee, it is not an ordinary licensor in law.
General license means that within a certain period of time, the patentee permits others to exploit his patent, while retaining the right to license a third person to exploit the patent. In this way, in the same area, there may be several licensees at the same time, and the patentee can also implement it himself. General license is the most common way of patent license. Whether the licensee of a general license can file an infringement lawsuit as a plaintiff and apply to the people's court for interim measures depends on the specific provisions of the license contract.
Article 48 of the Patent Law of People's Republic of China (PRC) is under any of the following circumstances. Upon the application of a unit or individual with implementation conditions, the patent administration department of the State Council may grant a compulsory license to exploit the invention patent or utility model patent:
(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. Article 49 Where an invention patent of a state-owned enterprise or institution is of great significance to the national interest or public interest, with the approval of the State Council, the relevant competent department 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. Article 50 Where the patentee voluntarily declares in writing to the patent administration department of the State Council that he is willing to license any unit or individual to exploit his patent, and specifies the payment method and standard of the license fee, the patent administration department of the State Council shall make an announcement and implement the public license. Where a patent for utility model or design applies for a public license statement, a patent evaluation report shall be provided.
Where the patentee withdraws the declaration of opening license, it shall make a written statement and make an announcement by the patent administration department of the State Council. The withdrawal of the statement of open license through public announcement shall not affect the effectiveness of the previously granted open license.