Press: Law
Publication date: 2006- 10- 1
Warehousing time: 2006-11-18
Pricing: Is money or life important in 37 yuan? Under the background of compulsory patent licensing, this obvious problem is confusing. Compulsory patent licensing system, as an important weapon to prevent the abuse of patent monopoly rights and protect public interests, has always been an important part of patent systems in various countries. Patent laws in various countries not only give technology owners the patent monopoly right, but also use compulsory licensing system to prevent the possible crisis caused by patent monopoly right and protect public health and safety. However, TRIPS (Trade Related Inspection of Intellectual Property Rights) under the WTO system excessively protects the interests of patentees and strictly restricts the use of compulsory licensing system. In particular, TRIPs forces all WTO members to bring controversial drugs into the scope of patent protection. In this way, when AIDS is rampant in many developing countries in Asia, Africa and Latin America, patients in these countries cannot get affordable life-saving drugs because of the restrictions of TRIPs. Thus, the sad question at the beginning of this paragraph appeared. This situation has aroused widespread concern of the international community about Article 3 1 of TRIPs, and criticized its shortcomings in succession. In order to overcome the unfavorable factors, the Doha Declaration adopted by the ministerial meeting of WTO members in 2006, the Resolution on Implementation and Public Health adopted by the WTO Prime Minister's Meeting in August 2003, and the amendment to Article 3 1 (f) of the Agreement on Trade-related Aspects of Intellectual Property Rights adopted by the WTO Ministerial Meeting at the end of 2005. However, these legal documents only relax the restrictions on compulsory licensing of drug patents, and do not fundamentally correct the defects of Article 3 1 of TRIPs.
This book analyzes the problems existing in Article 3l of TRIPs from different angles, and puts forward the improved methods and China's countermeasures. First of all, the historical review shows that the compulsory patent licensing system has been ubiquitous in the legislation of various countries since the middle of19th century, and it is an important means for countries to balance the interests of patentees and the public. Secondly, the legislative history of TRIPs shows that TRiPs has not properly balanced the interests of technology owners and technology users, over-implemented the protection of patent rights, and imposed too strict restrictions on compulsory patent licensing. Thirdly, two international disputes over Article 3 1 of TRIPs show that developing countries are always interfered and threatened by developed countries when using the compulsory patent licensing system because of the strict restrictions and vague expressions of TRIPs. This may aggravate the imbalance of TRIPs itself and make the social interests of developing countries unable to be effectively protected. At the same time, this imbalance may also produce excessive economic costs. In order to correct these defects, we should expand the interpretation of TRIPs and modify TRIPS, so that WTO members can flexibly use the compulsory licensing system to serve their public interests. Finally, the book points out that China is still a developing country and needs to use compulsory licensing system to protect its social public interests, while the legislation of China is too strict on the use of compulsory patent licensing and does not fully exercise the autonomy granted by TB Ⅲ S.
The study of this book is of great theoretical significance for clarifying the confusion and misunderstanding about compulsory patent licensing; At the same time, it will play a guiding role in the legislation and enforcement of compulsory patent licensing in China and the formulation of negotiation strategies for participating in WTO-related issues. Introduction 1. Disadvantages of article 3 1 of TRIRs 2. The relationship between article 3 1 and article 30 of TRIRs 3. An overview of the research object and content of this book. Theoretical and practical significance of this book Chapter I Development of Compulsory Patent Licensing System Section I Origin of Compulsory Patent Licensing System Section II Development of Compulsory Patent Licensing System Section III Disputes over Compulsory Patent Licensing under the Paris Convention Section IV Development of Compulsory Patent Licensing System in Some Countries Section V Recent Development of Compulsory Patent Licensing System Chapter II Legislative History and Unbalanced System in Ps Section I Disputes over Compulsory Patent Licensing System in TRIPs Negotiations Section II The Unbalance of TRIPs and Its Embodiment in Compulsory Licensing System Section III Reasons for the Unbalance of TRIPs Section III TRIPs Section 3 1 Case Analysis Section I Administration of Drugs and Related Substances in South Africa Section II Dispute Law of Industrial Production Rights in Brazil Article 68 Chapter IV Legal and Economic Analysis of Patent Compulsory License System Section I Legal and Economic Analysis of Patent Compulsory License System Section II Legal and Economic Analysis of Patent Compulsory License System Section III Legal and Economic Analysis of Compulsory License System under the Background of Patent Internationalization Chapter V Reasons for Compulsory License Section I Overview Section II Refusal to Submit Yi Section 3 National Emergency Section 4 Anti-monopoly Measures or Remedies for Anti-competitive Acts Section 5 Government Use Section 6 Subordinate Patents Section 7 Publicity Interest Needs Section VIII Unfulfilled Patents Chapter VI Conditions and Procedures for Compulsory License Section I Conditions and Procedures for Compulsory License Section III Decisions on Compulsory License Compensation Section IV Decisions on Compulsory License Compensation Section VII Compensation for Patent Compulsory License Section I Overview of Patent Royalties Section II Standards for Compulsory License Compensation Section III Calculation Methods for Compulsory License Compensation Section IV Factors to Determine Patent Compensation Fees Section V Procedures for Determining Compensation Standards Section VI Generation Relevant practices in countries with phenotypes Chapter VIII Compulsory Licensing of Pharmaceutical Patents Section I Compulsory Licensing of Pharmaceutical Patents before TRIPs is signed ... Chapter IX Ways to improve Article 3 1 of TRIPs Chapter X Legal thinking on perfecting China's compulsory patent licensing system.