The Justification Of Compulsory Licensing

Patent compulsory license system is an organic part of the patent system, has an important status in the patent related system. Patent compulsory license system is designed to balance the patentee’s interests and social public interests, the dissemination of balance of the patent technology monopoly and patent technology, interests and balance the interests of developing countries developed countries. Many countries（regions） including China’s Taiwan region, through the practice of limiting the monopoly of patent compulsory licensing system, to protect the public interest. And our "patent law" promulgated so far have not one case of patent compulsory license system. Although the "patent law" after the three amendment makes full use of the TRIPS protocol gives the policy space, but including also many imperfections in legislation. While the compulsory licensing system in patent system, "public interest" in fact occupy a very important position. This paper attempts from the perspective of administrative law analysis of "public interest" in the compulsory patent licensing process status, and the theory and method of analysis of patent compulsory licensing procedures, thus put up disadvantages for law, and proposed amendments, in hopes of patent compulsory licensing in China is certain help.