Chinese Enterprises’ Application Of The Compulsory Patent Licensing System

Nation regards “innovation” as a national development strategy. The activecarrying out of the protection of The National Intellectual Property Strategy meets theinternationalized requirements of information age.“Self-innovation” definitelyplays an important role in the building of innovative country, the improvement ofscience and technology and the rapid development of enterprises. However, theemphasis on “self-innovation” doesn’t exclude the use of others’ patent compulsorylicensing that has existed.The compulsory patent licensing system is an important means and representationof achieving balance of interests in the field of intellectual property patents. The valueof compulsory patent licensing displays in motivating individuals to carry outtechnical innovation activities, and ensures the promotion and application of theoutcome of technological innovation, which corresponds to the purpose of theestablishment of patent licensing system.While there has been no compulsory patent licensing case since the system wascarried out, which confuses people bitterly: whether it is due to the fact that thereexists no the application of compulsory patent license in China’s real economic fieldor our economic entity doesn’t master compulsory patent license system and cannotapply it consciously; or the present Chinese system of compulsory patent license itselfis problematic, and it’s difficult to apply it into economic life.Enterprises are leading force to exploit patents, the main force to apply forpatents and the main body of system of compulsory patent license. By researchingpreparatory stage、 application stage、 approval stage and relief stage duringcorporations’ applying for patents, this thesis puts forward legislative proposals forChinese enterprises’ system of compulsory patent license with the purpose of helpingChinese enterprises utilize compulsory patent license system more effectively.