The Value Of Compulsory License Systems

Nowadays with the spread of many epidemic infectious diseases, the earth was faced of serious public health crisis, which increased the requisite need of drug for most underdeveloped countries, but human beings acquired cheap drug's possibility were directly hindered by the monopolistic patent rights, so the compulsory license seems to be the most important way to settle the issue. This paper will research "the value of compulsory license system", taking example for drug patent under TRIPS agreements.This paper took the relationship between drug patent and health right as the point of departure, to research the basic value of compulsory license system. We discussed the establishment of the value of compulsory license system (TRIPS agreements),the development and departure of it (the Doha declaration and the general council implementation),the danger arising from value departure and the supposed regression. After the study, we found that patent protection was so important for pharmaceutical companies because of its nature, meanwhile obtained the cheap medicine was the most important or only solution for underdeveloped countries. A conflict seemed arose between patent right and public health right, and patent compulsory license seemed the only solution. In fact, the health right was superior to patent right, the real conflict was between the long-term interests and the short ones. If we abuse the compulsory license, with the weakness of incentive effect, there would be no more new medicines to be compulsory licensed.The value of compulsory license system should be ensuring the incentive mechanism to promote technological innovation. In the process of the dissemination and enforcement of technology, keep the balance between the producers and users of technological knowledge and in a manner conducive to social and economic welfare. If we departure this spirit, with the weakness of incentive effect, there would be some negative influences over drug accessibility and economic welfare and Pharmacy Industry.At last, based on present international condition and public health condition, we gave some advice to fulfill the patent compulsory license system.