Countermeasures Study On Chinese Pharmaceutical Patent Protection In The Background Of The Public Health

With the economic development, the role of the knowledge continually improves in the international competition, meanwhile, intellectual property rights become the core of the strategy. Many countries have used intellectual property to strengthen their competitive advantage, with intellectual property creation and protection of national intellectual property rights as the important content of the general economic and social development strategy, even to a national level. The more developed countries, more emphasis on intellectual property strategy. They advocate providing pharmaceuticals patent protection, which is clearly to protect the rights of the developers and users, with the hope of recovering costs and benefits from the market.However, the patent system is a kind of balance of the patentee rights and obligations. Thus, when public health threats, how to make the public access to drugs become an important issue of concern to developing countries. Under the framework of the TRIPS Agreement, the international pharmaceutical patent protection system is based on the requirements of a high level pharmaceutical patent protection in developed countries, which embody their will and interests in more aspects. The force of TRIPS makes contradictions between public health and drug patents emerge gradually.In this thesis, besides the discussion of international environment, China's public health situation is a grim background, as well as learning from the successful experience of the implementation of patent strategy in developed countries. Analyze the status of patent applications of Chinese pharmaceutical companies, with the integrated use of a literature survey, statistical analysis, comparative analysis, Patent indicators analysis, public policy analysis and other methods. The pharmaceutical patent applications from 1985 to 2010 issued by the State Intellectual Property Office are the most important data resource, which are used to analyze the number of pharmaceutical patent applications, the regional of the patent applications, the grant and valid patents, stating clearly about the problems of patent protection situation of Chinese Pharmaceutical companies, as well as the inadequacies of government policy. This thesis provides the following policy suggestions, such as strengthening and improving the intellectual property, accelerating the development of intellectual property legal system building industry, speeding up the legal system of intellectual property rights, the establishment of Intellectual Property Alliance and etc., with the hope of helping Chinese pharmaceutical enterprises to compete with big international companies.This research mainly launches from six parts, the first part is mainly the research technique, the correlation theories and the research significance. The second part focuses on challenges facing our pharmaceutical intellectual property in the context of domestic and foreign concerning the WTO TRIPS Agreement and public health. The third part is the status of China's pharmaceutical patent protection, focusing on methods through the use of patent indicators, patent analysis contrast covering domestic and foreign patent applications in China. The content involves the patent analysis sample constitution, for example: The data origin retrieval strategy, the retrieval result and key carries on the patented technology present situation analysis:①Y ears analysis;②A pplicant situation analysis;③National or local distribution situation;④E ffective patent analysis;⑤The indication statistics company places and so on. Moreover, this part domestic and foreign has also carried on the analysis to the concrete medicine domain in the Chinese medicine patented claim pattern. The fourth part carrying on the foundation which summarizes the present medicine patent policy in our country, proposed the problems waiting for resolving and the reason analysis; the fifth part consummates the related countermeasure suggestion in our country medicine patent protection. Finally is the conclusion part.