Research On Compulsory License System For Pharmaceutical Patents In China Under New Patent Law

In China,public health problems caused by AIDS,hepatitis B,tuberculosis and other infectious diseases and malignant tumors,cerebrovascular disease and other chronic non-communicable diseases are already severe.Because the therapeutic drugs are patented by multinational pharmaceutical companies,the high price makes that many patients are lack of drug treatment.In other words it reduces the pharmaceuticals accessibility.As an effective way to solve the problem,compulsory license system becomes the focus of the debate.Therefore the thesis does comprehensive research on the compulsory license system for pharmaceutical patents through literature studies,case studies,comparative research methods,to promote the implementation of compulsory license for pharmaceuticals patents in the new patent law.Firstly,the thesis uses"the tragedy of the commons"theory and"the tragedy of the anti-commons"theory model to analyze the necessity of the compulsory license system for pharmaceutical patents,and introduces the World Intellectual Property Organization and the World Trade Organization provisions on compulsory license system.Then analyses the cases of the compulsory license implemented by different types of countries to draw a conclusion that the system has a positive significance for developing countries.After introducing the legislation in our country on the compulsory license for pharmaceutical patents,and public health and pharmaceuticals accessibility in our country,combined with the implementation status of the system,The thesis sums up the reasons why the compulsory license has not been implemented in China.Lastly,the thesis puts forward the strategies.These strategies include that the government should raise the awareness of patent compulsory license,a clear definition of monopolistic behavior,a clear fee paid for the use of compulsory license,take full advantage of the flexible provisions of TRIPS framework,the pharmaceutical industry should speed up the overall development in order to have the power and initiative to implement the compulsory license.