On The Perfection Of Patent Compulsory License System In China

Patent Compulsory License System is an important part of the patent limit system and has acted an important role in institutional arrangements of the balance between rights and social interests. Now, with the rapid growth of the patented product, patent-related issues are endless stream, patent misuse and public health-threatening and so on. Many countries alleviate or even solve public health problems of their own through the implementation of compulsory patent license, to safeguard public interests and benign economic order, and highlight the value of the system. Of this system established nearly three decades, theorists and legislative activities are more emphasis on it. Patent compulsory license system is involved in the numerous patent law works and particularly stressed its importance. But these words are a handful of much same and few cases to be analyzed and discussed. In the face of various class public health crises, this system has never implement under an urgent need for the implementation and necessary. It is undoubtedly contrary to the original intention of the system statement, and also fail to reflect the importance of the so-called.This paper aims to explore the value of the system, drawbacks and long-term trends and clear the stage of the development direction and focus of our patent compulsory licensing system through depth and objective analysis of patent compulsory license system; to dissect the cause zero implementation of the plight of the main reasons, and draw on developed and developing countries system for our country at legislation setting and practice by analyzing these system. This paper also aims to improve our patent compulsory licensing system and provide some useful thinking for amendments to the regulations of the system in the future,This paper is divided in four parts. The first part is the patent compulsory licensing system overview. This part pointed out the broadly definition of this system, and summed up two functions include to balance the monopoly franchise inherent and social public interestThe second part include patent compulsory licensing system legislation, practice profile, as well as reasons of zero practical embodiments. This part comparative analysis of the legislative process and system trade-offs in this system as an opportunity of the new "Patent Compulsory Licensing issue". With regard to zero embodiment of the present situation in practice, this part analysis the causes around the value orientation, the legislative defect in the patent law and antitrust law norms defects.The third part is the legislative and practical experience of foreign patent compulsory licensing system. With regard to the reality of our country, this part select and analyze legislation and practice situation in the United States and India around many countries and to be a reference to the flexibility of its system design and practice.The fourth part is the improvement of our patent compulsory licensing system recommendations. On the basis of analysis of the system’s development trends and legislative practice focus, three-pronged approach need to be perfected combined with the advanced experience of foreign countries. The one hand, we need to reform and improve the design of the system, including system concept and system hierarchy and system of content; the other hand, we need the perfection of the laws and regulations in this stage, including patent law and antitrust and other special law; Finally, there is a reasonable use of the recommend.