" the patent that involves communal and healthy issue implements compulsory lice
From;    Author:Stand originally

One, what is patent carries out compulsory license?

According to the general principle of patent system, anybody should implement the patent technology of other, permit and pay reward what must obtain patent person, can constitute the act that violates patent otherwise.

What what gift to because exercise is patent,prevent is exclusive the adverse effect that counterpoise and produces possibly, " convention of Paris of safe industries property right " the 5th regulation, this convention is all member national capital is due authority provides patent and compulsory license through legislation. According to afore-mentioned regulations, the exclusive law of a lot of countries includes to concern the provision of patent and compulsory license.

Our country exclusive law sets the 48th times: "The unit that has executive requirement is invented with reasonable conditional request or person license carries out practical and new-style patent its are patent, and fail to be in reasonable when this kind of license is being obtained inside long time, the application of service of patent of the State Council according to this unit, can grant the compulsory license that carries out this to invent patent practical perhaps and new-style patent. Can grant the compulsory license that carries out this to invent patent practical perhaps and new-style patent..

Our country exclusive law sets the 49th times: "Appear in the country when critical condition perhaps is not general reason condition, or the purpose for public interest, service of patent of the State Council can grant executive invention the compulsory license of patent practical perhaps and new-style patent. Service of patent of the State Council can grant executive invention the compulsory license of patent practical perhaps and new-style patent..

Bureau of national intellectual property was promulgated in June 2003 " patent implements compulsory license measure " (bureau of national intellectual property makes the 31st) , the program that implements compulsory license to requesting bureau of national intellectual property to issue patent made farther provision.

2, do communal and healthy problem and patent protection have why to plant relation?

   Patent system is right solve contagion (for example AIDS, " SARS " , avian flu) the communal and healthy problem that cause has main effect.

On one hand, patent system provided innovation and incentive mechanism for the settlement of communal and healthy problem, namely the patent and exclusive right that patent system carries pair of new drug to grant proper time, encourage medicine to develop the innovation activity of the domain, develop the medicines and chemical reagents with a better more to treat a disease thereby, in order to solve communal and healthy problem. Since human society has patent system, a lot of medicaments that solve major epidemic had obtained patent protection. If do not have the incentive mechanism that patent system provides, a lot of medicines and chemical reagents can arise far from likely.
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