The Study Of Compulsory License System For Pharmaceutical Patents Under Trips In The Doha Round

In recent years, with the continuously appearing of the global public health crisis,how to enhance the accessibility of drugs is a key to solving. TRIPS is the mostfar-reaching intellectual property agreement yet enacted on a global level, thepharmaceutical patents protection established in TRIPS are so high that it is extremelyhard for developing countries to obtain patented medicine. The compulsory license forpharmaceuticals patents will be the only effective way for them to obtain thenecessary medicine to fight against the public health crisis. As the major constraintsof the patent system the compulsory license, which is to prevent abuse of monopolyfranchises and an important means of protecting the public interest, has been animportant component of the patent system in many countries. After TRIPS had beensigned, widespread criticism against that Article31of the TRIPS hampered manydeveloping countries in dealing with the public health crisis has been in theinternational community. The compulsory license for pharmaceutical patents underTRIPS has achieved great success from the Doha Declaration, making more flexibilityavailable for dealing with Public health risk, but there are still some problems.Whether it is practical or theoretical research in patent law，the compulsorylicense system for pharmaceutical patents is hard to understand while easy to arousecontroversy. In recent years，theoretical research of the compulsory license system forpharmaceutical patents at home and abroad has attained a certain level, but systematictheoretical analysis about it is not profound. Based on above mentality, the authorcarries out systematical study on the compulsory license system for pharmaceuticalpatents by employing some historical-comparative and practical methods.Firstly, the thesis introduces the outline of the compulsory license system forpatents through the brief analysis of TRIPS Article31，including: the concept ofcompulsory license for patents, the characteristics and type of compulsory license ofpatents, so it is easy to understand the structure of compulsory license system forpharmaceuticals patents. Then the thesis introduces the structure of compulsorylicense system for pharmaceuticals patents under TRIPS. It analyzes DohaDeclaration, Decision and Amendment to TRIPS and present international law oncompulsory license of pharmaceutical patents on the whole. This part focuses on therelationship between these documents. On above analyses, the paper revealed the different standpoints of developed countries and developing countries in the issue ofcompulsory license for pharmaceutical patents. The author believes that, developingcountries shall focus on the system of compulsory license for pharmaceuticals patents,and expand the possibility of taking medicine compulsory license just for deterrencereason to protect the public health. The paper surveys the developed countries and thedeveloping countries’ relevant regulations about the compulsory licensing forpharmaceuticals patents, and national practice to study comparatively. The last partpresents the history and the current situations of compulsory license on the basis ofprovision in our country. It analyzes some problems in our current law and regulations.On the basis of mentioned above，the author provides the legal suggestion ofimproving and perfecting the present compulsory license for pharmaceuticals patentsin China.