专利法利益平衡机制之探讨

专利法是在专利权人的垄断利益与社会公共利益之间进行利益衡量、选择和整合以实现一种动态平衡的制度安排.它是一种比较典型的利益平衡机制.这种平衡机制的关键是专利权人的利益和社会公众利益以及在此基础上的更广泛的公共利益之间的平衡.为实现这种平衡机制,需要充分保障公众对专利技术的适当接近.为此,在专利法的制度设计上,需要确定适度与合理的专利保护范围,而这也是构建专利法利益平衡机制的基础.同时,专利法的利益平衡机制必须解决好专利技术的垄断与推广应用之间的平衡协调问题.专利法通过其特有的激励发明创造的机制和权利限制机制,妥善地解决了这一问题.

Perspective of the Mechanism of Balancing of Interests in Patent Law

Patent law is a system arrangement to conduct adjudication, selection and integration of interests between the monopolized interests of the patentee and social public interests, so as to realize a dynamic balance. It is a relative typical mechanism of balancing of interests, of which the key point is the balancing of the interests of the patentee and the one of social public as well as, based on which, the wider public interests. In order to realize such mechanism, it is necessary to sufficiently safeguard the access of patented technology by the public. Hence, in the area of system design of patent law, appropriate and reasonable scope of the protection of patent is needed,which is do the foundation to construct the mechanism of balancing of interests in patent law. Meanwhile, the issue of balancing and coordination between the monopoly of patented technology and the spread and exploitation thereof shall be solved. The said issue has been solved smoothly by the mechanism of the encouragement to inventions-creations and that of limitations of rights.