The documents and certificates submitted in accordance with these Measures are in foreign languages. When China National Intellectual Property Administration deems it necessary, it may require the parties to attach a Chinese translation within a specified time limit; If it is not attached at the expiration of the period, it shall be deemed that the certificate and supporting documents have not been submitted. Article 4 Foreigners, foreign enterprises or other foreign organizations that have no habitual residence or business office in China shall entrust a legally established patent agency to handle compulsory licensing matters.
Where a party entrusts a patent agency to handle compulsory licensing matters, it shall submit a power of attorney indicating the authorization authority. If there are more than two parties who have not entrusted a patent agency, unless otherwise specified, the first party specified in the written documents submitted shall be the representative of that party. Chapter II Submission and Acceptance of the Request for Compulsory License Article 5 Where the patentee fails to exploit or not fully exploit his patent within three years from the date of the grant of the patent right without justifiable reasons, it shall be four years from the date of the patent application, and the entity or individual with the conditions for exploitation may request a compulsory license in accordance with the provisions of the first paragraph of Article 48 of the Patent Law.
Where the patentee's act of exercising the patent right is recognized as a monopolistic act according to law, in order to eliminate or reduce the adverse impact of the act on competition, the unit or individual with the implementation conditions may request a compulsory license in accordance with the second paragraph of Article 48 of the Patent Law. Article 6 In case of national emergency or special circumstances, or for the purpose of public interest, the relevant authorities in the State Council may, in accordance with the provisions of Article 49 of the Patent Law, suggest that China National Intellectual Property Administration grant compulsory license to the designated units that meet the implementation conditions. Article 7 For the purpose of public health, an entity with the implementation conditions may, in accordance with Article 50 of the Patent Law, request a compulsory license to manufacture patented drugs and export them to the following countries or regions:
(1) Least developed countries or regions;
(2) Developed or developing members of the World Trade Organization have informed them that they wish to become importers according to relevant international treaties. Article 8. Where the invention or utility model for which a patent right has been granted is a major technological progress with great economic significance compared with the invention or utility model for which a patent right has been previously granted, and its implementation depends on the implementation of the previous invention or utility model, the patentee may, in accordance with the provisions of Article 51 of the Patent Law, request a compulsory license to exploit the previous patent. In the case that China National Intellectual Property Administration grants a compulsory license to exploit the former patent, the former patentee may also request a compulsory license to exploit the latter patent. Article 9 Anyone who requests a compulsory license shall submit a written request for compulsory license, and specify the following items:
(1) The name, address, postal code, contact person and telephone number of the requester;
(2) the nationality of the applicant or the country or region of registration;
(3) the name, patent number, application date, authorization announcement date of the invention patent or utility model patent for which compulsory license is requested, and the name or title of the patentee;
(four) the reasons, facts and time limit for requesting compulsory license;
(5) Where the applicant entrusts a patent agency, the name and agency code of the entrusted agency and the name, practice license number and contact telephone number of the agent designated by the agency;
(6) The signature or seal of the claimant; If a patent agency is entrusted, it shall also have the seal of the agency;
(7) List of additional documents;
(eight) other matters that need to be indicated.
The request and its attached documents shall be made in duplicate. Article 10 If the request for compulsory license involves more than two patentees, the claimant shall submit copies of the request and its attached documents according to the number of patentees. Article 11 Where a compulsory license is requested in accordance with Article 48, paragraph 1, or Article 51 of the Patent Law, the claimant shall provide evidence to prove that he has requested the patentee to license him to exploit the patent under reasonable conditions, but failed to obtain the license within a reasonable time.
Where a compulsory license is requested in accordance with the second paragraph of Article 48 of the Patent Law, the claimant shall submit an effective judgment or decision that the patentee's exercise of the patent right is a monopolistic act according to law to the judicial organ or the anti-monopoly law enforcement agency. Article 12 Where the relevant competent department of the State Council proposes to grant a compulsory license according to the provisions of Article 49 of the Patent Law, it shall specify the following items:
(a) the state is in a state of emergency or extraordinary circumstances, or for the purpose of public interest, it is necessary to grant a compulsory license;
(2) The name, patent number, application date, authorization announcement date of the invention patent or utility model patent for which compulsory license is requested, and the name or title of the patentee;
(3) The time limit for submitting a compulsory license;
(four) the name, address, postal code, contact person and telephone number of the designated unit with the implementation conditions;
(five) other matters that need to be indicated.