Study On The Patent Compulsory Licensing System For Protection Of The Patentee

The patent system is an important part of the intellectual property rights.It is conduciveto the scientific and technological progress and economic development,attached greatimportance from international communities and national governments. Designing patentsystem mainly to protect the legitimate rights and interests of the patentees,promote theenthusiasm of the inventions,encourage patentees to apply patent to marketproductions,improve the ability of national inventions,play a positive role in scientificand technological progress and economic development.Patentees’patent creates amonopoly in a particular industry.However,sometimes the public to obtain informationabout the interests of the patented products is more important than the patent holder toenjoy the exclusive right.Therefore,in order to ensure the patentees a reasonable use ofthe patent monopoly rights,safeguard the interests of the public,governments grantinventors patent in law but also set a compulsory licensing system to limit patent.Compulsory licensing system in the case of the national judicial practice is notcommon:first,in order to motivate patentees creating new inventions,governments in theapplication of the compulsory licensing system holds a cautious attitude;second,domestic and international patent law provisions of the compulsory licensingsystem has many fuzzy concepts,some of the terms lack maneuverability.Therefore,theapplication is difficult to grasp accurately.This paper mainly point out deficiencies of compulsory licensing system from theperspective of protection of the patentee and put forward specific ideas to improve thesystem.Firstly,the article analysis the legitimacy of the patentees’protection by thesystem of compulsory licensing of patents.Specifically addresses both the necessity andfeasibility of protection.In terms of the necessity,mainly discussed in detail from thebalance of interests need,to encourage innovation,the protection of property rights,lawand economics;while in the feasibility specific analyzing from the aspects of theinternational environment,the legal basis for judicial practice and market demand;thenspecific analysis current protection of the patent holder in the compulsory patentslicensing system,pointing out the inadequate mainly from the two aspects of legislationand practice problems;finally put forward some views aiming at the problems of thepatentees’ protection described in this article.