Patent Compulsory License Launcher Research

Patent compulsory license to start the program is an important part of the patent system, plays a veryimportant role in the patent law, it will help to prevent the abuse of patent rights, the promotion of thepromotion of the use of the patented technology, and good balance between private interests and therelationship between the public interest. Patent compulsory licensing system in China a long time,"PatentLaw" enacted in1984carried out its provisions, and later, after1992,2000and2008, three comprehensiverevision patent compulsory licensing matures. In March2012, the State Intellectual Property Office hasissued a Patent Compulsory Licensing ", devoted to the proposed compulsory patent license, receive,examine and decide on other procedures, these legal documents to our existing patent compulsory licensingsystem. From a general point of view, China attaches great importance to the legal provisions of the patentcompulsory licensing, and theoretical studies have also been in-depth. But so far, our country did not startsuccessfully cases of compulsory patent licensing procedures, even formal application for a compulsorylicense case, have not publicly reported. Even in the period of the SARS epidemic in China in2003, in thecase of public health is seriously threatened, also failed to start the program, China’s patent compulsorylicensing system seems to have been did not play its due role, which is undoubtedly with the compulsorylicensing contrary to the system established in the first place, in modern society, science and technologyrapid development, more and more patent products, at the same time, China is also facing a serious publichealth crisis, especially in the face of developed countries "patent monopoly","patent siege",compulsorypatent license to start the program becomes increasingly important role. We have an urgent need to applycompulsory patent license, but can not start compulsory licensing program that already exists, whichcompels us to actively explore effective ways to solve the current difficulties faced by law. This article is inthis context that the patent compulsory license to start the program system of research and analysis of thesystem.In addition to the introduction, this paper is divided into four parts. The first part introduces thelegitimacy of the patent compulsory license to start the program. First, from the angle of jurisprudence andEconomic Analysis of Law analyzed the theoretical basis of the patent compulsory licensing; followed by"Patent Law" and "Patent Compulsory Licensing of" the legislative intent of the patent system of compulsory licensing; Finally, some case analysis, that the timely start of compulsory patent licensingprocedures is necessary, and summarizes the experience abroad frequently start the program, compulsorypatent license to start a program for the implementation of China’s patent has very important significance.The second part introduces the patent compulsory license to start the program and the problems wehave failed to start because analysis. Patent compulsory license to start the program in the legislation, thereare some technical vulnerabilities and their legal legislation lower rank, so in practice the lack ofmaneuverability, combined with China is facing tremendous pressure from the United States and otherdeveloped countries in the field of intellectual property rights, resulting in China The start of compulsorypatent licensing procedures have some difficulties and obstacles.The third part introduces the research status of the foreign patent compulsory license to start theprogram system. From the level of international law, domestic law level of developed countries, developingcountries, the level of domestic law on compulsory patent license to start the program, we need to learnfrom the advanced legal system and the practical experience of developed countries, and to bring you tolearn The difference of small developing countries have succeeded practice case with China’s nationalconditions and the summarized China’s patent compulsory licensing in order to be able to make a goodinspiration to start the program system.The fourth part of the main recommendations to improve China’s patent compulsory license to startthe program system. The first is to improve the conditions of compulsory patent license start the program,the need to increase the terms of the "government use" compulsory licensing of gene patents, the defense ofcivil patent compulsory licensing provisions; perfect the subject of the patent compulsory license to startthe program, given the anti-monopoly law enforcement agencies is recommended to start right tocompulsory patent licensing procedures; once again is to improve the mode of compulsory patent licensestart the program, the implementation of the patent compulsory licensing of justice mode; finally improvecompulsory patent license to start the program the security system, improve the terms of reference of thepatent administration department and the strengthening of law enforcement agencies coordination betweenaspects of the analysis.