Research On The Problems Of Medicine Patent Compulsory License Of China

As a safeguard human health and life products, drugs has a vital role for the prevention and control of public health in the crisis. Frequent large-scale events such as "SARS" and "avian flu" epidemic diseases have make the public health problems be faced more and more attention by the international community. Prevention and treatment of epidemic diseases, the supply of drugs can be timely and adequate relief of the key issues of public health crisis. Currently, drug patents in the public interest so requires and when the patent holder has a compulsory license for misconduct is generally accepted that countries in the patent law or unfair competition law on drug patents to provide for compulsory licensing, but there is much controversy and other issues in compulsory license standards and the execution time. In this paper, based on existing research, the existence of the key issues to be carried out in-depth study and point to the problems drug patents compulsory license in China, and the corresponding solutions. Mainly consists of five parts:Part I:General analyzing of drug patents compulsory license. Drug patents are a monopoly of private rights, but as soon as it protects the interests of the patentee's monopoly, it needs to take care of the public interest in access to patented medicines in order to avoid the public to pay an unreasonable price or asking price too high because of drugs of accessibility. When patent holders misuse the drug patent rights so that affect public health, to ensure public health, drug patent compulsory license can be taken to balance the patent owners and the interests of public health.Part II:Drug Patent Compulsory License source of law. The legal basis of drug Patent Compulsory licensing is the value of human rights in the legal system of values is at the highest levels, the Constitution, patent laws, antitrust laws are expressed in different ways the public health as a form of public interest. When their health right and life right is threatened, the members of society have the right to receive appropriate relief. Public health is better than drugs for the patent holder the exclusive right to the world, and drug patent compulsory license would ensure public health and is one mean of restrictions of rights.Part III:Foreign Analysis of typical problems of drug patents compulsory license. Developing and developed countries promised to implement drug patent enforcement methods and legal basis for analysis. Drug patents in developed countries to use compulsory license to be referred to misuse of the right reasons, mostly in developing countries to use the grounds mentioned the need for public health and reduce the prices of patented drugs in order to improve drug accessibility.Part IV:Key issues debated of drug patent compulsory license. The paper discusses the standards of drug patent compulsory license, drug patent compulsory license of technological innovation and economic development by theory and empirical analysis; on execution time of drug patent compulsory license, the paper creatively put forward from the implementation of the "Start" time and execution of the "end" time and discusses the issue.Part V:Reflection and thinking status of drug patent compulsory license system improvement. The paper analyzes the status quo of the application of drug patent compulsory license and puts forward some suggestion for the existing problem. We should expand interpretation of drug patent the compulsory licensing under the TRIPS Agreement. Implementation of drug patent compulsory license will not significantly reduce the profits of manufacturers and bring the negative impact in drug discovery. The paper proposes to establish system of drug patents "prevention" compulsory license and aptly extent execution time of drug patents compulsory license. Finally, the paper puts forward some suggestions on how perfect execution procedure of drug patent compulsory license.