浅析专利强制许可制度

An Analysis of Patent Compulsory License System

世界上除了少数发达国家,大多数国家尤其是发展中国家都建立了专利强制许可制度。专利强制许可是指一国专利主管机关基于法律规定的条件,不经专利人的同意,就许可他人实施其专利。在各国专利法的立法和实践中,专利强制许可一般都有多种理由。虽然强制许可有违私法意思自治的原则,也在一定程度上动摇了专利保护的根基,但它对克服专利制度的弊端却发挥着重要作用。

Except a few developed countries in the world, most of the countries, especially developing countries have established the patent compulsory license system. The patent compulsory license refers to that, based on the conditions prescribed by law, the patent authorities can allow others to make use of the patent without the patentee＇s permission. In various practice of different countries, the patent compulsory licenses commonly have many reasons. Although the compulsory license is against the principle of autonomy to certain extent, and meanwhile it may change the foundation of patent protection, it has played an important role in overcoming the shortage of patent system..