The Conflict And Balance Of Interests In Compulsory Licensing

Birth of the compulsory patent licensing system was to prevent patent holders' abuse of rights and to safeguard the balance between the interests of patent holders and public interests.Personal interests and public interests were inseparably interconnected and supplementary to each other.Public interests could not develop without improvement of personal interests.The premise of personal interest protection,on the other hand,must be based on the achievement of public interests.While protecting public interests,the compulsory patent licensing system also harbored corresponding drawbacks.Excessive support to the development of such a system could easily lead to infringement of the interests of the patent holders and negative effects on the principle encouraging invention and creation in the patent system.Therefore,in this paper,based on thinking on the balance of interests under the compulsory patent licensing system,the author analyzed conflicts of interests in compulsory patent licensing with focuses on the representative public health interests and ecological and environmental interests in public interests.Public health represented the health and well-being of people in this country while the ecological environment related closely to people's living and survival.Therefore,we should better protect public interests without prejudice to the interests of the patent holders.For the reasons above,the author studied conflicts of interests in compulsory patent licensing and made some suggestions on maintaining the balance between public interests and personal interests.This paper is mainly divided into four chapters.Chapter one is the introduction,in which the author mainly described the background and significance of the research of balance of interests in compulsory patent licensing,literature review of related theories at home and abroad,research content and research methods.This chapter serves as the groundwork of and guidance to the entire article.Chapter two is the discussion of basic theories of balance of interests in compulsory patent licensing,including the concept and effect of compulsory patent licensing,the concept and effect of balance of interests and the sources and subjects of conflicts of interests in compulsory patent licensing.Chapter three mainly looks into conflicts of interests in compulsory patent licensing,covering discussion on the overall situation of conflicts of interests in compulsory patent licensing and analysis of conflicts of interests of public health and of ecological environment in compulsory patent licensing.In the end,in chapter four,the author put forward relevant suggestions on the maintenance of balance of interests in compulsory patent licensing,which included balancing the overall conflict of interests in compulsory patent licensing,balancing conflicts of interests of public health in compulsory patent licensing and balancing conflicts of interests of ecological environment in compulsory patent licensing.