Study On The Practice Of The Patent Compulsory Licensing System In China

The original intention of patent right is to protect the patent holders’exclusive rights, encourage people to invent and create, promote technological innovation, promote the combination of science and technology with economy, and ultimately achieves the purpose of promoting social progress. As an important restriction on patent, patent compulsory license system emerges. It helps to prevent the patentee from abusing monopoly, now the system has become the useful means to protect public interests. Compulsory license of patent issues concentrates on the medicine compulsory license system research. Since1985, our country has been practicing compulsory patent system. So the patent career develops quickly. It plays an increasingly important role in science and technology and economic development. However, in practice, many patents are not put into use, according to the report, only30%of the patents is put into use, and even some scholars estimates that only20%to25%of the patent was put into practical use. Study on the patent needs a lot of manpower and financial resources, but a large number of idle patents waste too many resources. As a private right protector, how to make use of the patent right, how to play its role as it plays in the aspect of promotion of science and technology and economy at its early age in western country is worth studying. Patent compulsory license should not only make patent avoid becoming hinders of solving technical and social problem, but also it is necessary to make the patent right to play a more active role. So far, there is no patent compulsory license case, even not any cases carried out by threaten the compulsory license case. How to make our country’s system of compulsory patent license has the practicability and maneuverability is the key of this thesis.This paper focuses on patent and patent compulsory license system’s historical development, as well as the patent compulsory license system particularity. The patent rights and patent compulsory license system is introduced in this thesis. At the same time, this thesis discusses the legal relation, the significance and value of the patent rights and patent compulsory license systemThen through the introduction of some cases of patent compulsory licensing in some developed countries and China, the patent compulsory license system’s present situation is discussed. Based on the national compulsory licensing laws and practical analysis, the thesis summaries up the significance.Finally, it is pointed out that China’s compulsory license legal system is insufficient, so this thesis puts forward the proposal that how to make our country compulsory license legal system has the practicability and maneuverability.In short, the compulsory license of patent should play an important part in restricting the abuse of patent right of action based on the patent system, and it should make the patent system enlace its value of the protection of private rights to the aspect of promoting the development of economy. On the basis of the technical communication and economic development, it is hopeful that compulsory patent license would erase trade barriers, strengthen trade and promote the constant development of economy. So, we should not regard the patent compulsory license as only the patent right of individual interest and public interest or a balancing mechanism, we should make use of its potential function for social and economic promotion.