论我国专利强制许可制度的改革与完善

Reform and Perfection of China's Patent Compulsory License System

专利强制许可制度作为专利制度的一个重要组成部分,其制定的出发点在于防止专利权人滥用专利权,以此达到平衡专利权人与社会公众之间利益的目的。我国自颁布实施《专利法》以来,就规定了专利强制许可制度,但是长期以来,该制度都不为人们所关注,使得该制度没能发挥其应有的作用。结合相关法律规定提出相应完善举措,从而使专利强制许可制度更加完善。

As an important part of the patent system, patent compulsory licensing is developed to prevent patent abuse of patent rights in order to balance the benefits between patent holders and the interests of the publics. Since the implementa tion of the law in our country, patent compulsory licensing has been promulgated. However, people pay less attention, which makes this system fail to play its role. In this paper some measures are given to make the law perfect.