The Research Of Patent Compulsory Licensing System

The patent compulsory licensing system as an important part of the world patentsystem and the international protection system of intellectual property rights, is toprevent the patentee abusing of patent monopoly. It is an important way to balance theinterests of all parties of society. The target of Patent compulsory licensing is torestrict patent rights by using administrative measures. The Application of patentcompulsory licensing system Caused great controversy, because it involves theimportant interests of the patent system and the patent rights.This paper takes the case of India patent compulsory licensing as an example,which focuses on two issues of the case from the India domestic patent perspectiveand international patent perspective. On this basis, it defines the implementationconditions of patent compulsory licensing focusing on the function and the balance ofinterests of patent compulsory through the analysis of relevant international treatiesand the legislation of other countries. Finally, it puts forward legislative proposals byanalyzing the status of China’s patent compulsory license, hoping to promote theimplementation of China’s patent compulsory licensing system.This article is divided into five parts. The first part, it introduces the case of Indiapatent compulsory licensing firstly, and leads two issues of the case, then analyzes thedisputes of the case.The second part presents the patent compulsory licensing system functions,including the positive effect and negative effect of the system, for more effectiveimplementation of the patent compulsory licensing system.The third part introduces the balance of interests of patent compulsory licensingsystem including the balance of interests between the patentee and the social public,the balance of interests between the developed countries and the developing countriesas well as the balance of interests between patent monopoly and technologyimplementation. The fourth part defines the conditions of the implementation of patentcompulsory licensing. Firstly it introduces related international treaties, including theParis Convention and TRIPS agreement about the implementation conditions of thepatent compulsory licensing, and analyzes the legislation of patent compulsorylicensing in typical countries. It also explains the problems existing in theimplementation of patent compulsory licensing, and defines the key points in theimplementation of patent compulsory licensing.The fifth part analyzes the present status of China’s patent compulsory licensing,and puts forward specific proposals to improve the implementation of China’s patentcompulsory licensing system.