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Research on Compulsory License System Based on Patent Thicket Phenomenon

Author: LeiYun
Tutor: LvXiaoLi
School: Huazhong University of Science and Technology
Course: Legal
Keywords: Patent thicket Compulsory licensing Antitrust Patent infringement
CLC: D923.42
Type: Master's thesis
Year: 2011
Downloads: 54
Quote: 0
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Abstract

The development of the patent system in developed countries History shows that, due to the characteristics of the patent system, the inevitable emergence of the phenomenon of patent thickets. The patent thicket phenomenon is not conducive to the dissemination and application of the technology, is not conducive to the public interest, in violation of the purpose of the patent system's design. With the advancement of technology and the development of economic, industrial competitiveness has formed international, knowledge-based, white-hot, orderly pattern of play-oriented patent protection in the industry in the international competition, the role of the reference and protection. Patent thicket is widespread in the United States, improve patent quality and patent infringement relief restrictions are currently two major policies in the United States. On the contrary, due to the short time established by China's patent system, the awareness of IPR protection is not high, the current the patent thicket phenomenon in our country is not obvious. However, as China's economic development, increase efforts to protect the intellectual property rights of the government to actively promote, in particular, in 2008, the State Council issued a \environment. Patent law on the one hand to protect the interests of the patentee, to protect public access to knowledge products on the other hand, use of, in order to promote the growth of social wealth. Patent compulsory licensing system as an important means to limit patent and become an important part of the patent system, from the balance of the interests of the patentee and the public interest. The patent thicket phenomenon as the starting point, drawing on the experience of developed countries to solve the problem of patent thickets, the analysis of the system of compulsory licensing of our patent, to look for hazards overcome patent thickets phenomenon brought from the perspective of the patent compulsory licensing system. The first part discusses the the patent thicket causes and trends, and discusses the development history and basic theory of the patent compulsory licensing system, and provide a theoretical basis for the patent compulsory licensing system to solve the phenomenon of patent thickets; second part of the analysis of the foreign patent compulsory licensing system legislative status and judicial practice to put forward our place worth learning; third part for the patent thicket specific performance form of a compulsory license from the patent perspective analysis study pointed out that the deal with patent thickets in China should pay attention to the problem; for the Improvement of the patent system of compulsory licensing related proposals, including the introduction of a compulsory licensing system in a patent infringement lawsuit, refinement explain the relevant provisions of the AML.

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