Research on the Compulsory Licensing System under the TRIPs Regime - Xiamen University Legal Academic Series

Author: Lin Xiujin
Publisher:
Publish Date: 2006-10-01
Features: TRIPs, as part of the WTO regime, established a unified set of intellectual property protection standards and enhanced the protection of intellectual property. However, TRIPs strictly limits the use of compulsory licensing for patents. This practice has led to numerous drawbacks. For example, during the AIDS epidemic, many developing countries were unable to effectively utilize compulsory licensing to provide low-cost medicines to patients. This book not only examines the relationship between compulsory licensing for patents and public health but also provides a comprehensive analysis of the compulsory licensing system under TRIPs from a broader perspective. The research indicates that compulsory licensing for patents has long been an important means for countries to balance patent rights and public interests. However, TRIPs imposes stringent restrictions on compulsory licensing for patents, failing to appropriately balance the interests of technology holders and technology users. This situation is detrimental to protecting the interests of the public and can lead to economic inefficiency. China's legislation, which blindly adopts the provisions of TRIPs, imposes overly strict limitations on compulsory licensing for patents and needs to be revised.