专利实施强制许可办法 Order of the Director of the State Intellectual Property Office

ke up for the documents. In case of failure to making up for the documents required， the petition will be deemed as no submission.

　　Article 31 In terms of the petitions for terminating the compulsory licensing in compliance with the provisions of the Measures， the State Intellectual Property Office shall send the copy of the petition to the unit or individual that

obtains the compulsory implementation licensing. The unit or individual that obtains the compulsory implementation licensing shall state their opinions within the time schedule specified. In case of no reply beyond the time schedule， the State Intellectual Property Office may make a decision as usual.

　　Article 32 The State Intellectual Property Office shall review the reasons stated by the patent right holder and the relevant certification documents. In case of field verification required， the State Intellectual Property Office shall assign no less than two persons to carry out the field verification.

　　In case the reasons stated by the patent right holder and the relevant certification documents are insufficient or false， the State Intellectual Property Office may prior to making decision send notification to the patent right holder for providing the latter with an opportunity for statement of its opinions.

　　Article 33 When holding that the reasons for petition of terminating the compulsory licensing do not hold water through review， the State Intellectual Property Office shall make a decision on rejecting the petition of terminating the compulsory licensing.

　　If objecting to the decision on rejecting to the petition of terminating the compulsory licensing， the patent right holder may institute a lawsuit with the people‘s court within three months upon receipt of the notice.

　　Article 34 The patent right holder may withdraw its petitions for terminating the compulsory licensing from time to time， and in case the patent right holder withdraws its petitions prior to the decision by the State Intellectual Property Office， the relevant procedures terminates.

　　Article 35 In case of no reason for refusal to the petition of terminating the compulsory licensing through review， the State Intellectual Property Office shall make a decision on terminating the compulsory licensing， with the following items stated：

　　（I） Name and address of the patent right holder；

　　（II） Name and address of the individual or unit obtaining the compulsory licensing for patent implementation；

　　（III） The name， patent number， date of application and date of authorized announcement of the invention patent or patent of utility models relating to the petitioned compulsory licensing；

　　（IV） Document number of deciding the grant of the compulsory licensing；

　　（V） Facts and legal basis for the decisions；

　　（VI） The stamp of the State Intellectual Property Office and the signature of the responsible persons；

　　（VII） Date of decisions； and

　　（VIII） Other relevant matters.

　　The decision on the petition of terminating the compulsory licensing should be timely notified to the patent right holders and the unit or individual obtaining the compulsory implementation licensing.

　　Article 36 In case the unit or individual obtaining the compulsory implementation licensing objects to the decision on terminating the compulsory licensing， lawsuit may be brought forth at the people‘s court in within three months upon receipt of the notice.

　　Article 37 The decision that has come into force on terminating the compulsory licensing should be registered on the patent register and published on the patent gazette of the State Intellectual Property Office， the government websites and China Intellectual Property News.

　　Chapter V Supplementary Provisions

　　Article 38 The interpretation of the Measures is vested with the State Intellectual Property Office.

　　Article 39 The Measures shall come into force as of July15， 2003

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/