특허 강제실시제도에 관한 연구

The Historical Origins of Patent Compulsory Licensing and Its Implications In the 21st century, Patent compulsory licensing system has become important with the increase of interest in the patent abuse and public health. The position of the developed and developing countries surrounding the patent compulsory licensing issues has been in conflict sharply. Historical origins of the patent compulsory licensing helps us to diagnose the validity of the argument that is currently going on.1784 patent and copyright laws of South Carolina is known as the world's first the legislative practices of patent compulsory licensing system. US Senate proposed introduction of patent compulsory licensing scheme in 1790. The United States has played a leading role in the introduction of this system in the 18th century. In 1873, the Vienna patent congress decided introduction of patent compulsory licensing, actively supported by the German delegation. This decision had a significant impact on the national legislation in the world. Argentina introduced the patent compulsory licensing for improvement invention in 1864 and Luxembourg did in 1880 for non-working. The historical origins of the patent compulsory licensing system for non-working, improvement invention and government use, at the national level can be seen as a 1883 United Kingdom patent Act.Meanwhile, survey of System of Patent Compulsory Licensing by countries Historical fact tells us that today's developed countries such as the United States, the United Kingdom, Germany had a leading role in the birth of the patent compulsory licensing system for the economic development of their countries. Also, compulsory licensing gave a positive effect on survival of patent system as an alternative for assertion of abolition of patent. Technology advanced countries, especially the United States has opposed patent compulsory licensing system in the international negotiations. They argue that the system lowers the incentive for R&D and eventually has the negative impact on the development of industry. It's time for developed countries to remember the logic supporting the patent compulsory licensing system in the past and pay attention to the claims of the developing world.