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Compulsory Licence For Pharmaceutical Patent

Posted on:2012-06-04Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhaoFull Text:PDF
GTID:2216330338457429Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Since the first AIDS were confirmed in America in 1981, it has spread in the world rapidly.At the end of October 2007,there were 223501 AIDS patients and 22205 death cases reported cumulatively. In South Africa which AIDS is most serious, there are 5.5 million people who has infected AIDS in 4,800 people, that is to say, there are one person who has infected AIDS in nine people. In addition to AIDS, tuberculosis, malaria, cancer and diabetes are threatening the life of people. In 2010, "super virus" which can almost resist all of the antibiotics warn seriously.Although the private interests of patentees should be protected, people who are suffering disease and going to die should be cherished. Facing such serious public health problems, how to solve them?From the point of pharmaceuticals, the compulsory licence of pharmaceuticals patent is a good way, it can make use of authority of the government to permit other pharmacist to product drugs and provide cheep drugs to patients. Then, what is the concept of compulsory licence? How does it develop? What impact does it bring? What kind of positive and negative effect will it bring? How do various countries will treat it? In this article, I will analysis those problems.There are four parts in this article. In the first parts, it mainly tells the concept, characteristics, classification and principles about compulsory licence for pharmaceutical patent. In the second parts, it mainly tells the historical development of this system. In the three parts, it also tells several classic cases about compulsory licence and analysis feasibility and Negative impact from using compulsory licence. In the four parts, it mainly research and analysis compulsory license from the following aspects, social burden, applicable circumstances, Compensation fees and range of application.
Keywords/Search Tags:Pharmaceuticals patent, compulsory license, public health
PDF Full Text Request
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