Compulsory Licensing Of Drugs Can Influence

The Access to Medicines is a worldwide topic, which is closely related to public health. As an important means to improve the Access to Medicines, "Compulsory License" is like the Sword of Damocles hanging above the patent holder of medicines, aiming at preventing the abuse of patent rights causing damage to public health. The study of the effects of Compulsory Licensing on the Access to Medicines has significant social value.Both the cases of successful implementation of compulsory licensing and cases of not granting compulsory licenses are researched. Based on the empirical analysis, it is summarized that both the actual implementation of compulsory licensing and its deterrence effect could help to improve the Access to Medicines, but the former way would be quicker and more effective in public health crisis. Thus, it is highly necessary to perfect the compulsory license system. At the same time, the implementation of compulsory licensing may bring some negative effects, including effects on pharmaceutical research and innovation, product quality and international trade. Thus, we should stick to the principle of implementing compulsory licensing case by case, and also improve relevant laws and policies to decrease and avoid these negative impacts.The situation of Access to Medicines is not optimistic in China, and the level of public health is far behind the developed countries. So, on one hand, loose legislation should be adopted, which includes expanding the scope of compulsory licensing and making related rules clear, to improve the ability of implementing compulsory licenses; on the other hand, strict enforcement should be adopted to improve the ability of using the deterrence effect of compulsory licenses, which means communication with the patent owner beforehand should be taken seriously. Speaking from the overall strategy, China, as a developing country, should establish a more flexible compulsory license system to promote the Access to Medicines, and to raise the level of public health protection.