On The Applying Of The Patent Compulsory License In China

The patent compulsory license system is necessary and feasible,with a long history in China,which was formulated in the first patent law in 1 984.By three revisions in 1 992,2000 and 2008,the system is increasingly perfect.Besidesly,the two compulsory license measures in 2003 and 2006 compose our country present patent compulsory license system.The patent compulsory license system in 2008 patent law of China is comparatively perfect than 2000,but the system is not yet applying because there are still some shortages,for example,the statutory requirements without flexibility, complex procedures without explicit regulation of the date of taking effect,some ambiguous concepts,and the conflicting jurisdiction,as a result there is no case of the compulsory license in China.The legislation and practice of USA,Canada,Brazil,South Africa,TRIPS, Doha Declaration,and The General Council Resolution give our country a lot of experiences.With regard to the above causes of the problem,China shoud further improve the patent compulsory license system.Firstly we shoud consummate legislation including incrising statutory subjects,defining impo~ant concepts,and determining licence fee,which are the necessary premise of the application law.Secondly we shoud strengl:hen law enforcement and coordinate the law—ellforcement authorities. Finally we shoud have the resolute confidence,starting the legal procedure,applying the system.