Drug Patent Compulsory Licensing Of Legal Issues

Along with the free flow of massive global population, as well as science, technology, environment, economic and many other reasons, infectious diseases began to spread around the world in the second half of the 20th century. As we all know, most developing countries and undeveloped countries lack comprehensive national public health measures, and high drug prices make it impossible to obtain the necessary drugs outside. Therefore to some extent the shortage of basic drugs triggered the global health crisis. "Drug Patent Compulsory Licensing System (DPCLS)" is committed to solve the drug popularization problems all over the world, which is the core of the solution of public health crisis. That is why there is highly realistic significance to discuss the legal issued of DPCLS in current environment. This thesis explains both in theoretical level and case level the necessity, standards and procedure of "Drug Patent Compulsory Licensing (DPCL)", and makes the related solvation taking consideration of international treaties and domestic laws, with expectations to provide helpful ideas to the promotion of DPCLS.The section of Introduction briefly illustrates the research background—the dilemma of over-high medicine price and shortage of common medicine in the international and domestic public health and hygiene. It also refers to the legal issues and the controversies in the promotion of DPCL. Chapter one proposed the important issues in DPCL. The depute points in the necessity, standards and the procedure of DPCL are discussed briefly in this chapter. Chapter two explains that the necessity of DPCL is to security basic human rights and to protect the public interests. It argues against the opinion that the DPCL interfere with the antitrust. Followed is the detailed analysis on the standards of DPCL. Taking consideration of the international treaties, it confirms that the flexibility of the current standards is not conducive to start the issuance of DPCL. The conclusion is that the standards of DPCL should be clarified and internationalized, which will be helpful to maximize the value of DPCL while prevent all the possibility of right abuse of the patent holder. Afterwards it is the further analysis on the legal issues of the related procedures of DPCL. Chapter three is based on the "public health issues related to the implementation of Compulsory Licensing of Patents". It points out that currently the standards of DPCL are incomplete in China and it lacks the necessary procedural regulations on relief, which leaves the only solution to refer to the regulations of Patent Law. The author suggests that the trends of the future legislation should make full use of the autonomy by TRIPs agreement to protect our country's public interests. Chapter four is the conclusion. It states that DPCL is the key point for developing countries and undeveloped countries to fight against the global health crisis and to seek the advantage in international drug trades.