The Research Of China's Patent Compulsory Licensing

The compulsory patent license is a kind of patent license. It is a patent administrative measures to limit the The patentee to abuse the paten. Its basic meaning is:the competent authority of the national patents, through the administrative procedure,directly allows the third person to use the patent invention or utility model without the patent license, and implementation the patent by the legal behavior of the license. Although the compulsory license is a kind of patent licensing, but it is not based on the voluntary permission, the voluntary is one of its important features, so the conditions and procedures in the aspects of patent licensing has the very big difference.Combining with the actual situation of today and foreign countries patent compulsory licensing, This paper will examine China compulsory licensing situation, problems, and puts forward some legislative Suggestions. The purpose of the research is to perfect our country's system of compulsory license, maintaining the interests of Chinese people and promote China's scientific and technological progress and economic development.This study from seven aspects. Firstly, the concept and characteristic of the compulsory license, and then from the jurisprudential compulsory licensing demonstrates the rationality of the existence of and importance, and on this basis points out compulsory licensing of our practical significance. Secondly, to relevant international conventions and relevant countries' legislation and practice is analyzed, which is worthy of our country is the reference. Third, introducing the implementation of compulsory licensing categories, including:to prevent abuse of the compulsory licensing, according to the needs of public interests, the compulsory license on public health, the compulsory licensing and interdependent, and each species is analyzed, and then points out the deficiency. Fourth, this paper expounds the implementation of the compulsory licensing procedures, which pointed out some worthy of our reference. The fifth, for compulsory licensing fees, some of the calculation method is analyzed, in order to make reference to the legislation of our country. In the end, based on the above research in our country, the compulsory licensing legislation Suggestions, including:in anti-monopoly law set about compulsory licensing provisions, The increase in the compulsory licensing type "government use", Relax restrictions for compulsory licensing of subject, Simplified Chinese compulsory licensing procedures, Establish some effective patent royalty calculation method, For compulsory licensing of some vague concepts are clear.