A Study On The System Of Patent Licensing In China

At present, with the rapid development of economic globalization, population and commodity trade flows across the region are becoming more and more frequent, objectively increased the spread of communicable diseases. Avian influenza, H1N1 influenza, AIDS, Ebola and other public health crisis in the global epidemic, contradiction space between drug price and poor patients high sharp. After the TRIPS agreement has been signed, gives each member in response to public health crisis, domestic legislation for compulsory license problem, then the patent compulsory license system gradually became a national interests, public interests, public health, maintaining competition order and prevent abuses of important means, is paid great attention to by all countries. Thailand, Brazil, and other countries are America in practice successfully used to alleviate the public health crisis the drug patent compulsory license system. Since 1984 Chinese formulated first "patent law", patent compulsory licensing system in patent law plays an important role in the. In more than 30 years in the development of patent law, the patent compulsory license system has experienced three times in 1992, 2000 and 1992, constant revision, as well as the implementation details of the patent law, the public health problems of patent compulsory license method ", "patent compulsory license method" and other relevant laws and regulations promulgated, patent compulsory license system for the continuous development and improvement, legislation on patent system is to keep pace with The Times. But it is a pity that the compulsory license system in our country still in a state of zero implementation. From the analysis in this thesis, our country faces serious public health crisis, the urgent need to apply the drug patent compulsory license, but the system in our country, but not to the actual application, this is undoubtedly contrary to the original intention of legislation of the patent law. Especially in the developed countries monopolize the drug patent, and economically backward countries and the urgent need to solve the public health crisis, applicable patent compulsory license system becomes more important. Why drug patent compulsory license system in our country at the legislative level in advancing with The Times developing, but in the practical level in the vacuum state, in the practice of medicine patent compulsory license system enforcement difficulties what exists? How to perfect our country the current drug patent compulsory license system? How to apply in our country drug patent compulsory license system? These problems caused my discussion and thinking of the system.This paper points four parts to analyze the drug patent compulsory license system in China: The first part is mainly the basic theories of drug patent compulsory license system to comb, explain the rationality of drug patent compulsory license system exists, the necessity and its value. The second part is mainly on the legislative status quo of our country’s drug patent compulsory license system and the existing problems are discussed, briefly introduces the legislative history of our country’s drug patent compulsory license system and the main content of the system, and analyzes the Chinese public health situation. The third part, the drug patent compulsory licensing of foreign legislation and practice, this part is mainly on drug patent compulsory license system under the framework of WTO, analysis of the system in international law and the application of the relevant foreign countries. The fourth part, on the basis of the above, and carry on a system of compulsory licensing from the pharmaceutical patent legislation, the patent holder’s relief system and how to deal with the international treaties and other aspects, in our country the actual application of the drug patent compulsory license system to solve the public health crisis and puts forward suggestions, countermeasures.