Thoughts Of Improving The Compulsory License System For Pharmaceutical Patent

Since drugs for public health of special significance, its patent protection hasbecome a sensitive and important subject. The tri agreement (TRIPS agreement), havethe provisions on drug patent protection and compulsory licensing problems, ourcountry also in the October1st of the patent law and on January9,2010promulgated"patent law, the detailed rules for implementation of a patent on the compulsorylicensing rules, expected to lead to protect our citizens to public health.This paper mainly from the following several chapters to discuss drug patentscompulsory licensing system applied in our country of related problems:The first chapter from public health to see drug patents, so want to implementcompulsory license drug patents, a important reason is that drug patent protection andpublic health of conflict, today’s world of public health crisis has more and morefrequent, the countries of the world in the public health condition problems, China’spublic health the present situation is not optimistic. So this chapter is from the publichealth angles to study the drug patents, leads to drug patents compulsory licensing toprotect public health impact.The second chapter is for our drug patent compulsory licensing the paper,introduced in drug patents compulsory licensing of the legislative history, and on theanalysis of the system in recent years in the legislation of the main modification,elaborated on China’s drug patents compulsory licensing zero of the implementationof the present situation, the causes are analyzed. Drug patents and briefly discussedthe compulsory license related concepts and drug patent compulsory licensing of theimplementation of the meaning.The third chapter is this paper window, mainly introduces the TRIPS agreementabout drug patents in the compulsory licensing of some of the provisions, definitelythe TRIPS agreement on the issue of the development, and points out the deficiencyof the provisions of the TRIPS agreement.The forth chapter of our country launched the drug patents compulsory licensingof analysis, this chapter for this paper, from China’s public health and medicalaccessibility present situation, pointed out the drug patents of the shortcomings of thecompulsory license system. And from the main body, procedures, relief puts forwardproposals.