(1) If a patentee, or exclusive or non-exclusive licensee intends to obtain a license from another patentee or the holder of a registered utility model, design, trademark to practice the patented invention because the patented invention falls under Article 98, but the other patentee or the right-holder refuses to grant a license, or it is impossible to obtain a license from the other patentee or the right-holder, he or she may file a petition for trial to seek grant of a non-exclusive license within the extent necessary for practicing the patented invention.
(2) Where a petition is filed under paragraph (1), no non-exclusive license shall be granted, unless the relevant patented invention constitutes any important technical advance of substantial economical value in comparison with the patented invention or registered utility model claimed in the application filed by the other person prior to the filing date of the patent application for the relevant patented invention.
(3) If a person who has granted a non-exclusive license in trial under paragraph (1) needs to practice the patented invention of the non-exclusive licensee, but if the non-exclusive licensee refuses to grant a license or it is impossible to obtain a license, the person may file a petition for trial to seek grant of a non-exclusive license within the scope of the patented invention that the person intends to practice with the non-exclusive license.
(4) A non-exclusive licensee falling under paragraph (1) or (3) shall pay consideration to the relevant patentee or the utility model right-holder or design right-holder, or the exclusive licensee thereof: Provided, That if the non-exclusive licensee is unable to pay such consideration due to a cause not attributable to him or her, he or she shall deposit the consideration in the competent court.
(5) No non-exclusive licensee falling under paragraph (4) may practice the patented invention or registered utility model or design, or similar design, unless he or she has paid considerations or pay such considerations into the competent court.[This Article Wholly Amended on Jun. 11, 2014]