Research on Patent Compulsory License System based on Intellectual Property Protection

Abstract

One of the important mechanisms of the patent system is to promote technological innovation and progress by protecting intellectual property rights. With the continuous strengthening of intellectual property protection worldwide, the conditions and scope of intellectual property license granting are becoming increasingly stringent. Compulsory licensing of patents is a restrictive right that constrains the monopoly of the patent owned by the patentee. Insufficient protection of the rights and interests of patent holders can lead to poor implementation of the compulsory patent licensing system, reduced innovation momentum of patent holders, and intensified technology trade friction, which in turn affects the implementation and normal functioning of the system. In recent years, public health problems, led by COVID-19, have become increasingly serious in various countries, which has seriously affected the health of people around the world. Faced with the severe public health situation, the compulsory licensing system for pharmaceutical patents achieves an effective dynamic balance between private patent rights and public health rights. This article takes pharmaceutical patents as an example to analyze the current situation of China's compulsory licensing system for pharmaceutical patents and provide relevant suggestions.