| With the depth of sustained economic and social globalization, non-infectious diseases are spreading faster than any time in the history.Especially in recent years, SARS in the worldwide break out in the 2003, H5N1 bird flu swept through Asia in 2004,in 2009,H1N1 influenza which began in North America continues to spread in the global, China is also the severe zone. Public health crisis caused by severe epidemic diseases leads to a hot debate on how to balance the patent holder's interests and public interests. Compulsory license system for medicines patents is playing an important role in balancing the property right and public health right, public right and private right, which can reduce the price of medicine and cope with public health crisis of major tool. Although China has established compulsory licensing system for medicine patents, China had currently no compulsory licenses on medicine patent cases.There are four chapters about compulsory licensing system for medicine patents.The first chapter simply introduced the origin and development of patent compulsory license system and the particularity of medicine patent. The legal relationship of compulsory licensing for patent and the significance is discussed.The second chapter mostly studies theoretical basis of compulsory licensing system for patent. the special nature of patent medicines, the value of goals of patent law, the balance between the interests of public health and private interest, to discuss the legitimacy of compulsory licensing system.The third chapter analysizes international law about Compulsory Licensing System for medicine patent and national practice to study comparatively.we can conclude on the reference to China by analysis of the contents of the relevant international treaties, the practice of some developed and developing countries.The fourth chapter makes comment on china medicine patent system. The author put up some suggestions for issues to help our Compulsory Licensing System for patent.
|
PDF Full Text Request