Research On Patent Licensing System In South Africa

With the implementation of the Forum on China-Africa Cooperation,Chinese enterprises’ investment in South Africa is developing steadily and in a good direction.Driven by the development of African integration and China’s Belt and Road Initiative,the economic and trade cooperation between China and South Africa is developing in a broader area and at a higher level.In 2020,China’s trade and investment with South Africa reached 36 billion yuan.Despite the impact of the epidemic,China has shown strong resilience and remained South Africa’s largest trading partner for 12 years in a row.In the outbreak era,the international environment increasingly complex,more and more Chinese enterprises in the investment in South Africa had a dispute over intellectual property rights and patent license,economic and trade cooperation between China and South Africa to enter healthy fast,we must strengthen the research of patent licensing system in South Africa,this is not only beneficial to our country enterprise guard against legal risks,is helpful for protecting the legal rights and interests of Chinese enterprises,It is conducive to the legal relief of enterprises going to South after the event,and also provides reference for the improvement of China’s legal system,so as to ensure the healthy and orderly development of China’s patented technology trade.Before the birth of the new South Africa,the legal system of South Africa was greatly influenced by The British law.Before Britain became the surest country,the Romano-Dutch law was applied for a time.Later,the British law gradually infiltrated and formed a mixed law system combining the Romano-Dutch law with the English law.Due to the infiltration of English equity law and customary law into all aspects of South African law,especially private law,South African Patent Law has a strong colonial gene.The introduction of British Monopoly Law sowed the seeds for South African compulsory patent licensing system.As the wave of African independence rose,South Africa’s national liberation movement won in a relatively modest way.In1934,South Africa broke away from the British colony,and in 1961,South Africa withdrew from the Commonwealth,so that South Africa was completely independent.The content of the patent licensing system in the British law was still retained in the Patent Act of 1952.From independence to the "new South Africa" period,South Africa’s patent licensing legislation still has a strong mix of laws.Apartheid ended with the birth of the new South Africa in 1994,and the 1996 Constitution laid the legal foundation for revitalizing the black economy.In order to adapt to the development of the new South Africa and revitalize the black economy,the patent licensing system in South Africa was gradually revised and improved.Its content has been developing continuously in practice,with both the protection of public interests and humanistic color,reflecting the ideological basis and value orientation of black people’s economic supremacy and efficiency.China and South Africa are comprehensive strategic partnership,and the study of patent licensing system in South Africa is of great significance for Chinese enterprises to explore the South African market and invest in South Africa.First,can avoid system risk,prevention,main face to south in our country enterprise patent the risk on the compulsory license and patent without substantial examination after the effectiveness of the two big risks,because South Africa patent compulsory license subject access unit,authorization object range,patent compulsory licensing threshold is low,our country enterprise in South Africa,Patent transactions with compulsory licensing risks should be avoided as far as possible.At the same time,Chinese enterprises should conduct substantive review in advance when signing patent Cooperation Treaty in other countries in order to prevent cost loss caused by subsequent patent validity disputes.Second,in the process of patent licensing,as the infringed party can carry out corresponding legal remedy;Third,it is beneficial for Chinese enterprises to take advantage of the international and domestic preferential system to participate in South African patent licensing.At the same time,China and South Africa are both developing countries,and the practical experience of South Africa’s patent licensing system can provide corresponding reference for the start of compulsory patent licensing process,the improvement of patent opening licensing system,and patent grading examination in China.