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Position:Bureau of bureau of national intellectual property makes (the 31st)
" patent implements compulsory license measure " already bureau Wu conference is discussed through, grant to announce now, apply since July 15, 2003.
Two years on June 13
General principles of the first chapter
The first carries out the compulsory license that invents patent practical perhaps and new-style patent for the standard (the following abbreviation is permitted compulsively) give, charge adjudicates on and end a program, basis " exclusive law of People's Republic of China " (exclusive law of the following abbreviation) , " exclusive law of People's Republic of China carries out detailed rules " (exclusive law of the following abbreviation carries out detailed rules) and concerned law laws and regulations, make this way.
Bureau of intellectual property of the 2nd country is in charge of accept and examining compulsory license, compulsory license to make expense adjudication and the request that stop compulsory license make a decision.
The 3rd request gives adjudication of compulsory license, request to permit use cost and request compulsively to stop compulsory license, ought to use Chinese to be dealt with with written form.
File of the certificate that this method submits according to, proof is foreign language, party ought to refer Chinese translation at the same time. Did not refer Chinese translation by the regulation, regard as did not submit document of this certificate, proof.
The 4th unit that has executive requirement is invented with reasonable conditional request or person license carries out practical and new-style patent its are patent, and fail to be in reasonable this kind of license obtains inside long time, can the compulsive permission that according to exclusive law the 48th regulation requests to grant executive invention patent practical perhaps and new-style patent.
An invention that obtains patent is practical perhaps and new-style the invention that patent has obtained before comparing is practical perhaps and new-style the great technology that has remarkable economy sense progresses, apply what practical perhaps and new-style carry outing invents before hang on again actually, this patent the person is OK according to exclusive law fiftieth the compulsive permission that the regulation requests to grant before carrying out one patent, the person also can request before one patent the compulsory license that grants the one patent after carrying out.
Appear in the country when critical condition perhaps is not general reason condition, or the purpose for public interest, the State Council has right about director branch the compulsive permission that according to exclusive law the 49th regulation requests to grant executive invention patent practical perhaps and new-style patent.
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