A Study Of Legal Regulations On Parallel Importation Of Patent Medicines

With the widespread of influenza A virus subtype H1N1 epidemic all over the world, the game between pharmaceuticals patent protection and public health is fiercer. The issue of patent medicines parallel importation becomes the focus as well as hot and difficult problem in the dispute in the integrated field of international trade and international protection of intellectual property.Nowadays, international protection treaty of intellectual property does not put forward obviously positive or negative attitudes towards the practice of patent medicines parallel importation. Countries have different opinions on patent medicines parallel importation due to the influence of their various legal traditions and economic policies, thus, these countries respectively adopts many countermeasures to solve the issue of patent medicines parallel importation which frequently occurs in reality.In order to explore legal system of patent medicines parallel importation based on our national conditions, this dissertation adopts the method of comparison analysis and evidence research:Firstly, it defines the body, object and action of patent medicines parallel importation, thus concludes legal characteristic of patent medicines parallel importation; Secondly, it analyzes legitimate and juridical practices of foreign laws on patent medicines parallel importation. It investigates the laws and cases of patent medicines parallel importation in developed countries such as America,England and developing countries such as Kenya and South Africa as well as probes into theories of rights exhaustion, and acquiescence permission; Thirdly, it analyzes regulations of patent medicines parallel importation in regional treaties and global treaties, explores the attitude of international society to patent medicines parallel importation; Finally, analyzes current status of patent medicines parallel importation and its flaws of legislation, hence, it puts forward countermeasures to perfect laws and regulations of patent medicines parallel importation in our country, that is, it reforms legislative notion of patent medicines parallel importation, learns from advanced legislative experiences of patent medicines parallel importation in foreign countries, and different branch laws regulate patent medicines parallel importation in the same period.