随着专利权在世界范围内的广泛适用,专利权的相关问题受到了越来越多的关注。其中专利权的强制许可的适当性也成为了众多学者争论的焦点。部分学者认为,专利强制许可制度不符合法理要求,违反了专利权的独占性等法律特征。从法理及专利法的立法目的等方面专利可以看出强制许可存在的适当性与必要性。 With the widespread application of patent rights in the world, more and more attention has been paid on the related issues of patent right. The appropriateness of the compulsory licensing of patent rights has also become the focus of debate among many scholars. Some scholars believe that the compulsory patent licensing system does not meet the legal requirements, in violation of the monopoly of patent rights and other legal features. It can be seen from the patents of law and the legislative purpose of patent law that the compulsory license exists and the necessity and necessity.