The Research On Patent Compulsory Licensing System In China

Patent compulsory licensing system is an essential method of restricting patent right, and it is set by many countries in intellectual property law. The purpose of drafting patent compulsory licensing system is not only to prevent patent abuse, but also to maintain state and public interest, and to encourage the application and dissemination of technology. Patent compulsory licensing system in China is promoting gradually, it is not only the solution of patent abuse, but the coping mechanism to social public interests. Patent compulsory license perfects the patent system in China, which can preferably serve for the economic and society.This paper can be divided to three aspects, these are analysis of fundamental theory, appraisement on foreign legislation in patent compulsory license, and comment on the regulation in China. Through the study of basic theory, the connotation of patent compulsory license can be fully acknowledged; the description of foreign legislation can reflect the intention of those lawmakers. Under this analysis, the text makes a deep study on the patent compulsory license in China, raises the problems and gives out suggestions about them.This paper is constituted by six sections. The first one is an overall theoretical analysis of patent compulsory license; it starts with the origin and evolution history about patent compulsory licensing system, elaborating the definition and substance, and emphasizes the necessity of it. Part two mainly talk about jurisprudential basis of patent compulsory license, since each research on legal system should base on abundant juridical theory. Part three present the legislation in foreign countries, by means of theoretical research and comparative analysis, it makes a summary about the different consideration in making patent compulsory license in different countries, and thus it is available to have a clear view about international legislation on patent compulsory license. Part four interprets the details in patent compulsory licensing system in China, including the reason for request, content, and procedure. Part five introduces the legislation of patent compulsory license in China, and reveals the defects in law and regulation. Part six contra poses the problems that be raised above, makes a series of suggestions in modification and excogitation of the patent compulsory licensing system, and all those are aimed at a better achievement on the target of patent system known as"stimulating technical innovation, promoting technology development".