China Compulsory Licensing System For Research

In the large-scale epidemic diseases occur frequently day, people of various countries public healthy safety have accepted the enormous threat. Compulsory licensing system for medicines patent is a balance between the interests of all parties, reducing the price of medicines to cope with public health crisis of major tools. It is increasingly being attention of all countries. Because of compulsory licensing system for medicines patents involving interests of all parties, the controversy and struggling in the system is also quite intense.In this paper, based on the reality of our national conditions, we discuss our compulsory licensing system for medicines patents from the real needs of our country. In order to learn from successful experiences for Perfect our compulsory licensing system for medicines patents.This paper is divided into five parts. The first part, it is three typical cases on compulsory licensing system for medicines patents, which leads to compulsory licensing system for medicines patents re-thinking and the legislative work on our future challenges.The second part, it is need of compulsory licensing system for medicines patents. Analysis of the role of medicines patents to protect public healthy safety. It reveals its nature of the public interest. So government should protect public health and provide urgently needed medicines, which affirmed compulsory licensing system for medicines patents. At the same time, our country is happening public health crisis. we need to improve compulsory licensing system for medicines patents.The third part, it is the legislation of compulsory licensing system for medicines patents. First of all, it is international conventions and compulsory licensing drugs demonstrated in the system are affirmed by international law, including Paris Agreement, TRIPS Agreement, Doha Declaration on Public Health and to Implementation of Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health. At the same time, developing and the developed countries of the relevant legislation and practice, and gave further information on actual problems and to sum up the lessons worthy of our country.Part IV, compulsory licensing system for medicines is reviewed. Firstly, it is our legal framework of compulsory licensing system for medicines patents, and reviews the shortcoming of our compulsory licensing system for medicines patents in the legislative principles, legislation.Part V, reviewed the shortcoming of compulsory licensing system for medicines patents, we find out improving system to follow the principle of balance of interests. Then we suggest several ideas to improve our compulsory licensing system for medicines patents based on our reality.