A Comparative Study On The System Of Drug Patent Compulsory Licensing Between China And India

The system of compulsory patent licensing is an important part of the patent system. Since the beginning of the21st century, the outbreak of SARS, H5N1avian influenza in two large-scale strong pathogenic infectious epidemic, China’s public health policy has sounded the alarm.At the same time, a long time still raging AIDS, malaria and other diseases caused by a serious threat to human health. As an important measure to protect public health, the academics and government policy-making departments take part more and more concerns on compulsory licensing. As the world’s largest two developing countries, China and India a lot of similarities in the historical and cultural origins.In today between the two countries vigorously developing the economy at the same time, also are facing severe domestic public health challenges.This article first defines the concept of compulsory licensing system.Defined the concept of compulsory licensing of drug patents and their characteristics, and compulsory licensing, with the traditional patent compulsory license to a comparative analysis.On this basis, combined with a focus on patent compulsory licensing system for the origin and development, combined with before the relevant treaty provisions and jurisprudence based on the compulsory license to conduct a more comprehensive analysis of drug patents.In part two,combing the patent system for India in patent medicines compulsory licensing of the development and evolution, and focusing on the patent law on drug patent in India the compulsory license law terms for analysis.On this basis, focusing on Germany’s Bayer patented drugs "Sorafenib" in the case of compulsory licensing in India, to restore the basic outline of the case, and the needle of the cases the parties focus of controversy Analysis.In part three, review in China after its accession to the WTO drug patent system development and change,and interpreted the new "Rule of patent compulsory license ",at last, compared the difference in the Sino-Indian drug patent compulsory licensing.The last part, Learn from the Indian drug patent compulsory licensing system based on the compulsory licensing of drug patents described, and accordingly propose solutions in order to provide a reference for the improvement of the drug patent system.As China has yet to truly implement compulsory licensing for drug patents, and China and India many similar place in the national conditions, especially in the face of the field of public health, which makes this article of great practical significance.