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Abstract There is imperious demand for the patent implied license system to the judicial practice in our country. However, the existing system cannot solve all the problems faced in the practice. Therefore, it is imperative for our country to establish the patent implied license system. As far as the specific legislation, the basic provisions in the General Principles of Civil Law which related to the patent implied license should be first perfected. And only the typical patented implied license can be raised to legal requirements which have universal significance in the Patent Law. Meanwhile, it should be clear that there is no conflict between the establishment of patent implied license rules in Patent Law and the basic requirements of TRIPS agreement.
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