Application Of Compulsory License For Pharmaceuticals Patents

In recent years, with the continuously appearing of the global public health crisis, how to enhance the accessibility of drugs becomes a serious issue. As the patent protection of drugs can result in high prices, the patent protection of drugs, to a certain extent, becomes the barrier of the access to drugs, which brings the dispute about limitations of patent, and the focus is whether compulsory license should be carried out for pharmaceuticals patents. On the one hand, developing countries suffered from diseases, especially undeveloped countries, call for broadening the conditions of carrying out compulsory license; on the other hand, developed countries standing behind the drug giants demand that the carrying out be reduced or even excluded.This thesis just grasps the dispute between public health and the patent protection system. It was written by the means of the theories combined together with practice, and expounds the theory basis of compulsory license; at the same time, it analyzes the advantages and disadvantages of carrying out compulsory license, combined with the practice of compulsory license for pharmaceuticals patents. Also, it analyzes the problems occurred during the carrying out of compulsory license, and give some suggestions. The writer think that, the compulsory license system is a blade sword, we should make full use of its advantages, and try to reduce its disadvantages; And the developing countries should pay more attention to realize the system exactly and deeply, and then we can carry out compulsory license reasonably and legally under TRIPS Agreement, to solve the public health issues.There are five parts in the thesis.The introduction demonstrates the origin of studying compulsory license for pharmaceuticals patents. First, the writer point out the necessity of limiting the patent, by analyzing the actuality of China. And then, the writer indicate that compulsory license is an effective means to limit patent, and should be studied and made full use of.The text includes three chapters.Chapter One is the general introduction of limitations of patent and compulsory license. First, the writer analyze the related theories of patent limitations, and emphasize much more about limiting pharmaceuticals patents. Then the writer demonstrate the relationship between compulsory license and limitations of patent, and emphasize the status of compulsory license.Chapter Two demonstrates the compulsory license under TRIPS Agreement, and comments the practice of compulsory license. First, in the theoretical aspect, the writer analyze the related articles, especially the 30th and the 31st, to anatomy compulsory license from both literal aspect and its value pursuing aspect. Second, in the practical aspect, the writer list four cases about compulsory license for pharmaceuticals patents, including South Africa vs. The Drug Giants, and Brazil vs. America, by which the writer analyze the advantages and disadvantages of compulsory license when it's carried out. Then the writer point out the problems and demonstrate her viewpoints on related dispute and bifurcation. Third, the writer review the Doha negotiation, and introduce the new development of both TRIPS and compulsory license-Amendment to the TRIPS Agreement. In the end, the writer discuss several problems of compulsory license.Chapter Three introduces the legislation of compulsory license in China, and point out the problems that exist in compulsory license system of China, and gives the writer's suggestion, on both legislation and other means besides.The conclusion part points out the great meaning of using compulsory license reasonably, and emphasizes the importance to build and develop our patent system.