Patent Compulsion Licensing System Research

Patent compulsory licensing is always one key component of the patent system. In the past recent years, various crisis incidents affecting the public health have taken place, and serious public health problems facing the developing countries are getting worse. Under these circumstances, the patent compulsory licensing has drawn tremendous attention. How do we understand this system comprehensively? How do we protect the public interest better while protecting the patent copyrights? Such questions become one important part in our current study. Based on value analysis, history analysis, model analysis, comparison analysis, and linking theory with reality, a thorough study of the patent compulsory licensing is conducted in this thesis.This thesis is composed of five parts. The first part begins with the fundamentals followed by the introduction of patent and patent copyrights and their limits coming with their characteristics. The meaning and characteristics of patent compulsory licensing as well as its importance in stimulating the development of science and technology, promoting fair play and protecting the public health are also presented.In the second part, the underlying theories about patent compulsory licensing are introduced and commented, which include adequacy of supply theory, public interest theory, worked in the country theory, interdependence of patents theory. The principles and contents of these theories and three common situations in the application of patent compulsory licensing are analyzed.In the third part, the validity of patent compulsory licensing is demonstrated. As one restrict to patent copyrights, it shows the principle of interest balance. This also shows the respect and protection of human rights and public interest. On the other hand, the disadvantages that may exist are also studied, such as the hindrance to innovation so that we can have an exhaustive vision about this system, and make better use of it. The fourth part introduces the developing process of compulsory licensing in history, the rules in the related international agreements, the legal definitions in US, British and Brazil and some real cases occurring in these countries. We can learn some useful lessons from them.The fifth part presents some thoughts to improve our nation's patent compulsory licensing. The history and the current situations of this system are studied. Some problems in our current law and regulations, including both in entity and in procedure, are pointed out. The corresponding solutions and suggestions are also given in order to better utilize this system.The author suggests that patent compulsory licensing as the regulator between patent copyright owner and public interest, has its validity and rationality and brings significantly positive effects on humans. However, it also has some inevitably negative effects. Nowadays, public health crisis breaks out frequently. We should study this system more thoroughly, actively learn about it, improve and complete the related laws. In this way the public can better know and use this legal weapon, protect the interest of everyone including the patent owner, and completely realize the values of patent compulsory licensing.