Analysis of interests balance in medicine patents compulsory license under large system theory

摘要

The worldwide establishment and development of medicine patent system not only promoted the enthusiasm of creators, but also contributed to the development of the science. However, to some extent this system brought negative influences to developing country. We must take effective measures to resolve the confliction between human rights and patent rights. Large system theory is a subject that first developed in the 1970s. It aims to solve the law of information and control problem in large complicated engineering and non-engineering system. In the modern economy field, introduction of large system theory can also provide beneficial enlightenment. In this paper, ideas and methods of large system theory are applied to analyze compulsory license for medicine patent, and control theory is applied to the analysis and solution. Finally the author proposes the concrete implementation plan to optimize China's medicine patent compulsory license system overall.