专利法定许可制度之正当性探析

法定许可制度原为著作权法所特有的许可制度,但目前在专利法中也隐约可见其身影,正是相近的法理基础和现实需要呼唤专利法亦引入法定许可制度。利益平衡原则作为专利法的基本原则,理应成为专利法定许可制度的理论支撑;降低交易成本和提高专利成果利用率则是专利法定许可制度确立的现实需求。

Probing Analysis on Validity of Legal Licensing System on Patents

The legal licensing system has been special for copyright law,but currently it may be seen indistinctly in patent law.It is similar basis of legal principle and realistic need that calls out the introduction of legal licensing system into patent law.The principle of interest balance as the basic principle of patent law ought to become the theoretical support of the legal licensing system of patent law,and reducing the cost in transaction and increasing the availability of patent achievements is the realistic need for the establishment of legal licensing system for patent law.