Theory Of Pharmaceutical Patent Protection

In recent years, issues like medical technology, medicine economic and public health have been paid much attention. Pharmaceutical patent protection, involving progress of pharmaceutical technology and preservation of public interests, becomes one of the focuses of the intellectual property protection field. This thesis introduces the general idea of pharmaceutical patent protection and relevant legal system, analyses the development history and existing problems of Chinese pharmaceutical patent system and puts forward several suggestions of solution.This thesis is divided into four parts to discuss pharmaceutical patent issues.The first chapter mainly introduces the pharmaceutical patent, including the origin and development, the protection situation in each country, the time significance and how it develops in China. This chapter briefly introduced the development process of pharmaceutical patent protection starting from scratch and being constantly revised and improved.The second chapter mainly discusses the particularity of the pharmaceutical patent protection. Drugs were outside the scope of the early patent law, but it turned out that it is necessary to protect drug patents because of the characteristic of medicines and chemical reagents. Research and development of new medicine has a high-cost, long-cycle and high-risk features. If they were not protected by pharmaceutical patents, new medicines researched and developed by spending a huge amount of money would soon be replicated, and it is difficult to cover their costs. The result is that the amount of research and development of new drug will be reduced by more than60%. It is an inevitable trend to strengthen pharmaceutical patent protection because the pharmaceutical industries rely heavily on drug patent protection.The third chapter introduces drug patent protection related Laws And Regulations, such as the compulsory license, parallel imports, etc. Because drug patents have a special effects on the pharmaceutical industry and drugs have the attribute of maintain the public health, so pharmaceutical patent protection always looks for a balance between the interests of patentees and public health, for example, the national public power intervenes the procedure by using compulsory licensing for patented medicine to prevent and limit the use of patent rights; Using parallel imports system guarantee more efficient and low-cost medicines to vulnerable countries, the public accessibility of drugs in the developing countries should be improved.In the fourth chapter, the problems existed in the pharmaceutical patent protection and countermeasures are discussed, and some suggestions were put forward, in order to better protect our pharmaceutical patents, realize the economic value of wisdom labor of research and development of new medicines and give full play to the role of maintaining the public health. For example, our country takes the "super national treatment" for drug administrative protection which is differentiated; giving chemicals patent protection only, the protection of traditional Chinese medicine is not perfected, etc.Based on the existing problems in our pharmaceutical patent protection, this article tries to discuss and give some recommendations:improving the public health infrastructure, controlling the price of drugs, and making full use of market competition adjustment mechanism, using elastic terms in the TRIPS agreement flexibly, increasing "Bolar exception" clause appropriately, in order to pharmaceutical patent protection system more with Chinese characteristics.