Drug Patents Compulsory Licensing System Research Of China

The compulsory license system for drug patents is the sum total of a series of legal institutions established on the basis of compulsory licenses of drug patents, including entity systems for compulsory licenses of drug patents, e.g. subject, scope, object and condition, and also license procedure system, etc. The compulsory license system for drug patents is an important part of the human right protection, and controls monopoly interests in law, and also reflects the priority of public right sand human rights. The compulsory license system becomes the choice for solving the conflict between drug patent monopoly interests and social public health. The development of the compulsory license of drug patents experiences various stages. Compulsory license systems for drug patents of developing countries (e.g. South Africa, Brazil and Thailand) and compulsory license of drug patents of developed countries (e.g. America and Italy) can inspiration China to a certain extent. The application approval content of the compulsory license system of China for drug patents are at variance, the compulsory license condition for the application of drug patents is not clear, the compulsory license procedure of drug patents is complicated, and the scope of administrative discretion is too large. The perfection thought is:to be clear about the compulsory license object of drug patents, standardize compulsory license subject, and simplify compulsory license procedure.