System Of Compulsory Licensing Of The Patent Law

The purpose of the establishment of the patent, there are two: one is theprotection of patent right, stimulate technological innovation; another is the ultimateobjective is to drive the progress of the whole society to scientific and technologicalinnovation, and promote the development of human history. But the unrestricted righttend to abuse, patent right is no exception, the patent compulsory license system is inorder to avoid the abuse of patent right, hinder the implementation of invention andcreation, harm the public interest of the society, a system to restrict the patent right.Most countries are in the patent system in the provisions of the patent compulsorylicense system. With the development of international economic relations andstrengthening of the economy of our country, patent monopoly phenomenon isincreasing, in order to safeguard national and public interests, but also conform to thedevelopment trend of the world, our country also stipulate the compulsory licensesystem, but the compulsory license in China because of historical reason is still notperfect. This article from the patent compulsory license system connotation, discussesthe historical process and patent compulsory license of patent compulsory license toproduce the theoretical and realistic foundation, absorbing the international oncompulsory licensing legislation and practice experience of compulsory license,problems of China’s patent compulsory license, and puts forward some own humbleopinion.