The state encourages invention and creation, and has promulgated relevant laws and regulations to protect patents for invention and creation. Without the permission of the patentee, no one may use the patent except with the permission of the patentee. Moreover, obtaining patents must go through strict procedures, and not every patent can be protected by law. In China, there are three kinds of patents: inventions, utility models and designs. China National Intellectual Property Administration, the People's Republic of China, is the directly affiliated institution in charge of national patent work and overall coordination of foreign-related intellectual property affairs in the State Council. Types of compulsory license include: (1) compulsory license granted because the patentee has not implemented or not fully implemented the patent. (2) Compulsory license to eliminate or reduce the adverse effects of monopolistic behavior on competition. (3) Compulsory license granted for the purpose of public interest. (4) Compulsory license for public health purposes. (5) Compulsory licensing of subordinate patents (also called improved patents).
legal ground
Decision of the NPC Standing Committee on Amending the Copyright Law of People's Republic of China (PRC). Article 13 is renumbered as Article 14, and one paragraph is added as the second paragraph: "The copyright of a cooperative work shall be exercised by the co-authors through consultation; If no agreement can be reached through negotiation without justifiable reasons, neither party shall prevent the other party from exercising other rights except transfer, exclusive use and pledge, but the proceeds shall be reasonably distributed to all co-authors. "