Study On The Willingness To License

The development of modern innovation-driven society is inseparable from both administrative support and market reform.Therefore,the protection of intellectual property is a vital link as it plays a important role in government strategy and market development.Patent is indisputably linked to innovation most closely among the six types of intellectual property.Patent Law looks like a bridge that integrates advanced intellectual achievements and free market where technology could be turned into social productivity.Patent Licensing System is the outstanding traffic sign on the bridge that adjusts the legal relationship between various part related to patent to create an escort for the development,protection and implementation of the outcome of the patent.We can't deny that patent licensing plays an irreplaceable role in promoting the use of patent,as it helps patent holders to recover the R&D costs efficiently.Besides,both competitiveness of licensees and commercialization of research findings can be enhanced effectively when they find a shortcut for advanced technology to access to market.The amount of patent applications and patent grants in our country has made a remarkable promotion in recent years.But the patent system is destined to deal with endless difficulties and new problems emerges during the development process of the knowledge economy time.It's necessary for our country to improve the patent information disclosure mechanism,provide both the supply and demand sides of patents with an efficient communication environment,as well as reduce the cost for transaction.We can't stop but keep trying until one day when patent transactions could be easily achieved,when patent results are fully applied and the conversion rate of patent achievement is significantly improved.We have no choice but to make a change since the current licensing system is incompetently to be the perfect solution for various problems related to patent application.The Willingness to License is considered to be a helpful attemptation which has been formulated in the‘Draft amendment to the patent law of the People's Republic of China(Draft)'.It's very important for us to know this newly introduced system inside out,including its definition,characteristics and specific mode of operation.This paper set a focus to analyze the necessity for the introduction of the Willingness to License.According to the specific provisions content listed in the draft,the Willingness to License doesn't mean a patent fee cut for the patent licensee in our country.Meanwhile,the patent licensee has to make a statement of licensing fees in advance and quitclaim to apply a pre-trial preliminary injunction.I really hope that the discussion about the above specific provisions and the comparative analysis about this system practiced in France,Germany,Britain,Brazil,Russia and other countries could make some reference value to perfecting the system of the Willingness to License in our country.