China Compulsory Patent Licensing Issues

This dissertation discusses compulsory license for patent of China. Based onreview of the institution origination and the developing process of internationallegislation of compulsory license for patent, especially the situation during the UruguayRound Negotiation, the author analyzes the lawmaking of compulsory license for patentin China.The dissertation elaborates the applied scale of compulsory license for patent inChina by considering the current situation of Chinese science and technology as well asthe besieged patent environment, combining the public health issue in China, andutilizing the principle of interest balance in Patent Law.Then the dissertation raises the issues in the lawmaking of compulsory license forpatent in China and offers improvement suggestions accordingly.In conclusion, the author thinks China should take use of interest balancemechanism of compulsory license for patent to adjust the interest between patentee andthe public. Neither should the exclusive right of patentee overemphasized,nor thecompulsory license for patent be carried out extensively. Meanwhile, Chinesesituation should not be ignored during the use of compulsory license for patent. Theusage of compulsory license for patent should both maintain the appropriate right ofpatentee and encourage technology innovation, but also protect the public interest of thecountry and society.