Drug Patent Compulsory Licensing Study

In the word, almost all new Infectious disease occurs at regular intervals. So all human beings of developed and developing countries will face the serious challenge. But on the other hand, the TRIPS agreement, built by developed countries, demands that the WTO members implement a high standard protection of patent on the drug. Patent means engrossment which will result in a certain monopolization. Also this will certainly lead to unreasonable price that is beyond people's purchasing ability in the developing countries. The TRIPS agreement demands the compulsory licensing of drug patents, but the developing and least-developed countries are always restricted by the developed countries on some items. For example, they implement the threatening of trade and forbid the import of some drugs so that some public heath problems can not be solved in these least-developed countries.In order to relieve the contradictions between the developed and the developing countries, and between the drug patent and public heath. The TRIPS agreement has been modified by in 2001,< The General council Resolution> in 2003, and the amendment passed by the WTO ministerial conference in 2005. Based on the TRIPS agreement and its following development, this article will deeply analyze the compulsory licensing of drug patent under the TRIPS agreement.The first part will mainly summarize some basic theories, such as the protection system of drug patent and its compulsory licensing system. The second part will mainly explain the latest development of the compulsory licensing of drug patents and the existing defects under the TRIPS agreement.The third part will mainly describe the improved methods through the detail research on our country's legislation, and put forward the practical countermeasures.