On The Interest Balancing Method Of Patent Protection

Since the human society have the patent systems, it has been unable to avoid the balancing of Interests between patent holders and the public. Patent is an exclusive right to encourage innovation, but if the patents impact on the most people's live and health needs, national judicial institutions needs to restrict on the patentee's rights through legislation or change the law, in order to effectively improve the social benefits of intellectual property, reduce the social losses caused by monopoly, ensure that the interests of imbalance back in balance. This article takes the first case on intellectual property---"Bolar exception" Case, trying to reflected the interests balance of reality in the proceedings of case. Analyze the Balancing of Interests to solve contradiction in the intellectual property system.This article is divided into 3 parts, which mainly discuss the rules of the patent system from the position of the Balancing of Interests.Part one introduce the infringement of patent case which principle to the "Bolar exception". Through the introduction of the merit, treatment Court and analysis of the whole case lead to the imbalances reality of interest that exists in the patent protection system.Part two discusses the formation and development of the intellectual property theory, academic foundation, conception etc. Then lead to perform the necessity of the balancing of Interests, and show the importance of the balancing of Interests in the intellectual property rights and the judicial processes.Part three discusses the academic foundation,concept,necessity and the status of international and domestic of Balancing of Interests, through analyze cases of patent infringement disputes, explicate the value of Balancing of Interests, and provided the inspiration for China.