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Patent
License
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"Any entity or individual exploiting
the patent of another shall conclude with the patentee
a written license contract for exploitation and pay
the patentee a fee for the exploitation of the patent.
The licensee has no right to authorize any entity or
individual, other than that referred to in the contract
for exploitation, to exploit the patent." (Chinese
Patent Law, Article 12)
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"After
the publication of the application for a patent for
invention, the applicant may require the entity or individual
exploiting the invention to pay an appropriate fee."
(Chinese Patent Law, Article 13)
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"Where
any patent for invention, belonging to any state-owned
enterprise or institution, is of great significance
to the interest of the State or to the public interest,
the competent departments concerned under the State
Council and the people's governments of provinces, autonomous
regions or municipalities directly under the Central
Government may, after approval by the State Council,
decide that the patented invention be spread and applied
within the approved limits, and allow designated entities
to exploit that invention. The exploiting entity shall,
according to the regulations of the State, pay a fee
for exploitation to the patentee.
Any
patent for invention belonging to a Chinese individual
or an entity under collective ownership, which is of
great significance to the interest of the State or to
the public interest and is in need of spreading and
application, may be treated alike by making reference
to the provisions of the preceding paragraph."
(Implementing Regulation Under Chinese Patent Law, Article
14)
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"Where
a patent right is transferred for reasons other than
the assignment of a patent right as provided for in
Article 10 of the Patent Law, the interested party shall
perform the formalities for change of the name of the
patentee with the Patent Administrative Organ under
the State Council on the basis of relevant certified
document or legal instrument.
Any license contract for exploitation of the patent
which has been concluded by the patentee with an entity
or individual shall, within three months from the date
of entry into force of the contract, be submitted to
the Patent Administrative Organ under the State Council
for recordal." (Implementing Regulation Under Chinese
Patent Law, Rule 15)
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