Under The New Patent Law, The Compulsory Licensing System Research

The issue of Compulsory license system of medicine patents is worldwide and is the key point of Chinese patent law. In respect of frequent public health crisis, the system of medicine compulsory license is playing an important role in balancing the property right and public health right, public right and private right, which can reduce the price of medicine and relax the crisis of public health. It has the practical and social significance to investigate the system of medicine compulsory license.The protection of medicine patent in China is later than the other countries. Nowadays, it didn't have been put into effect practically, even it had been stipulated in patent law. The 2002 edition Chinese Patent Law has stipulated the system of medicine compulsory license to keep pace with the regulations of TRIPS, but there are some disadvantages in this edition. The 2009 edition Chinese Patent Law adds many regulations on the system of medicine compulsory license, which will take effect in October this year. This edition patent law rules that the public health crisis could be one of the reasons of taking medicine compulsory license, however, many disadvantages still exist.This paper analyzes the system of medicine compulsory license by comparing the systems between developed countries and developing countries. One hand, this system is helpful to relax the crisis of public health in short term; on the other hand, it may be bad for the medicine creation and social benefit in the long term.The writer revealed the different standpoints of developed countries and developing countries in the issue of medicine compulsory license. The writer believed that, China as a developing country shall focus on the system of medicine compulsory license, and expand the possibility of taking medicine compulsory license just for deterrence reason to protect the public health; at the same, taking the medicine compulsory license shall be in case by case and avoid the system being abused by ruling the strict legal procedure.On the basis of mentioned above, the paper provided the legal suggestion of improving and perfecting the present system of medicine compulsory license in China, to avoid the system being abused.