The Analects Of Compulsory License System Of Drugs Patent

Compulsory license system of drugs patent is closely related to public health and safety. Such system is not only a matter of economy per se, but a complex economic, legal, and even political issue around the globe. Medical intellectual property possesses particular characteristics, and due to the differences in internal legislation, historical, cultural and economic background, the scope of protection of medical and pharmaceutical intellectual property of each country also differs. Medical products are of concern to the health of human being, one fundamental human right. The compulsory license of drugs patent meets the need of public policy, which can not and shall not be overridden by patent right of a private nature.Even though the politics, economy and culture differ greatly among countries, the legal system for patent protection of medical products in TRIPs agreement tries to restrict and narrow the gap between patent rights protection among nations, thus breaking the balance between long-term gains and possible social short-term losses, and between different private rights and public interests.In an age of economic globalization, it is necessary to coordinate the internal legislation of different nations. Though the existing TRIPs agreement has set the minimum degree for the protection of patent rights, it is far from perfect with regard to the elimination of differences and conflicts among nations with different pace of development, wanting of further coordination and revision in legal texts, resolutions and regulations.This paper consists of three parts, namely introduction, body, which includes Chapter 2 to Chapter 6, and conclusion. The first part introduces the rationale and methodology of the paper. Chapter 2 attempts to the origin of patent system and compulsory license of patents, including three parts, which are the rise of patent monopoly, the origin of compulsory license of patents, and the content of compulsory license system of patents. In Chapter 3, the reasonableness and rightness of the system of compulsory license of drugs patent are analyzed from the perspectives of public interests, economics of law, and positivism.Chapter 4 deals with the development and the status quo of the system of compulsory license of drugs patent in China. It is still far from perfection even though the Patent Law of People's Republic of China, promulgated in 1984 and implemented in 1985, has undergone three revisions in 1992,2000 and 2008, and the compulsory license system has been adjusted and supplemented accordingly. Chapter 5 compares and investigates the systems of compulsory license of drugs patent and the legislations of other countries, including developed, developing and the least developed countries, with the hope to provide beneficial experience and inspiration. Chapter 6 deals with the significance, principles and suggestions for further improving the drugs patent system. Finally, a promising future is expected in our system of drugs patent.