Research On The Problem Of Patent Implied License

December11,2001, China became the WTO’s143members of the intellectual property system construction has made great progress, but compared to the level of patent protection in China and Britain and other developed countries to be further enhanced. Patent protection as a basis for the balance of the interests of patent holders and the public, rather than a simply to strengthen the protection of the interests of the patentee. The patent implied license system is based on the balance patents and public interest generated.The patent implied license permission in writing, in certain circumstances, the parties did not have oral or written authorization of the treaty conventions, but by certain acts of the patentee, that implied the presence of permissive behavior, The principle of implied license and patent exhaustion principle in close contact, no patent exhaustion principle of assessment can not understand the necessity of implied license or its content, But both theoretical foundation, scope, repair and reproduce,parallel imports are significantly different, Implied license is a product of the U.S.law, the United States case law,the case of systems analysis implied license in the U.S. judicial practice is conducive to understanding the principles apply in the form of implied license conditions. the fundamental conditions, procedures, conditions and technology-based standards based on Agency, based on the behavior of the sales-based authorization improvement implied license occurrence of the specific circumstances.In our court things not invoked this legal principle as the basis of the judgment of patent cases in the patent infringement lawsuit advocate confirm the patent implied license cases even increasing, so patent implied license both theoretical research. but also judicial practice expectations. In the patent principle of implied license, helps improve our patent system to improve the ability of our business patent infringement of responding, and maintenance of the normal development of the socialist economy, and is conducive to the building of a harmonious society in China. The relevant provisions of the existing General Principles of the Civil Law, the Patent Law, the Copyright Law also provides the possibility for our resume patent implied license system.