Research On The Construction Of Compulsory License System In China

On the one hand,the copyright law protects the interests of copyright owners by granting copyright owners exclusive rights.On the other hand,it also restricts this right of copyright holders in order to protect the public's legitimate needs for knowledge products.With the improvement of the social and economic development level,the national ideology also changes,from the former pursuit of material life to the current demand for spiritual food.However,the development of cultural industry in China is not ideal,especially,the import and export of cultural works in developed countries are always in a state of trade deficit,it will lose a lot of wealth,and it is not conducive to China's current economic and cultural development.Although our country has a thousand years of culture,we cannot be complacent,and we still need to learn from the excellent culture and advanced ideas of foreign countries.Therefore,the reference to foreign works has its inevitability.However in the era of growing cultural industries,right holders have also seen the huge benefits behind them.Some people may monopolize their works and refuse others to use them under the drive of interests.This behavior is not conducive to cultural communication and is contrary to the aim of copyright law to promote cultural development.The compulsory licensing system can precisely limit the rights holders' disposal of their rights and ultimately achieve a balance between social interests and the interests of copyright owners,so as to achieve a win-win result for the benefit of copyright owners and the dissemination of social and cultural works.The paper is divided into five parts.The first part briefly introduces the "ETS v.New Oriental Education & Technology Group case",and raises the thinking on the copyright restriction system.The second part briefly expounds the content of the copyright compulsory license system.It includes the definition,characteristics and other copyright restrictions.The third part analyzes the international conventions and foreign domestic laws to find the contents that are suitable for China's compulsory licensing system.The fourth part fully describes the significance of constructing the compulsory license system of copyright through the two aspects of theoretical basis and necessity.The fifth part put forward the author's opinion on the construction of China's copyright compulsory licensing system.That is,through the use of the relevant provisions of the foreign copyright compulsory licensingsystem,some principles and scopes,conditions,procedures,and compensations for the construction of China's copyright compulsory licenses can be applied.