Wto Patent Compulsory Licensing

The compulsory licensing is the system which can realize the assignment justice between the patent holder and the public interest and this system takes the realization of harmony among all kinds of social interests as its goaL Looked over its production and development history, regardless of in the patent national law protection stage or in the international law protection stage, the compulsory licensing does rwt have the time that is not manifesting this objective. However, under the operation and tempt from the developed countries, the WTO compulsory licensing has betrayed its original value foundation and manifested the greatly strengthened imbalance. The WTO compulsory licensing has also made the extremely strict limit from many aspects, which can cause the developing countries in general to be at the extremely disadvantageous position .In practice, the developed country multinational corporations indulge in abusing their patents unscrupulously under their govemments' harbor, ignores the benefit of the developing nations. This not only makes the developing nations to start compulsory licensing as the approach to solve the sudden public health crisis and maintain the social public interest with difficulty, but also blocks the developing nations' future road of becoming technically powerful nations. The entry to WTO brings both opportunities and challenges to China Looked in the present patert domain, the TRIPS patent system and compulsory licensing have produced negative influences on our country. This article not only systematically elaborates the problems of WTO compulsory licensing, also delivers some proposals as the strategy fir developing countries in general to maintain their own benefits and gives the mentality of how to impel the revision of compulsory licensing in the next TRIPS negotiation round .Moreover, aiming at the current patent abuse which now China faces to, this article also proposestodeal with the multinational corporations of developed countries.Based on the above mentality, adopting the methods oflegal analysis, historical analysis and comparative analysis, this article has conducted the research and discussion from the following four parts:The first part is to carry on the outline of compulsory licensing. It contains three sections. The first section briefly elaborates the origin, the establishment and the development of the compulsory licensing; The second section elaborates its rationale foundation from the value...