A Study On Chinese Drug Patents Compulsory Licensing System

Fierce competition in today’s era and innovation has sparked new controversy inthe global economy. This argument involves the protection of inventions, especiallythe conflict between public health and personal protection of intellectual propertyrights. After the signing of the Agreement on Trade-related Aspects of IntellectualProperty Rights (TRIPS), the majority of people in the developing world, whoconcern is how to obtain the needed drugs. With the flow of people, logistics roaming,many previously area limitations of the unknown virus or bacteria may spread to theworld, so that the enhanced the possibility of cross-border spread of infectious disease.According to statistics, there are about14,000,000people died of infectious diseaseevery year, many of which could have been prevented or treated, high mortality ratein developing countries. Therefore, how to let people get effective and cheap drug,timely treatment is an urgent need to solve the problem. The international communityneeds to cooperate closely, make the appropriate system, and prevent those known orunknown virus or bacteria spread around the world, in order to protect the publichealth.The drug patent compulsory licensing plays an important role in developing socialwelfare, we Chinese is necessary to the implementation of the system. In this paper,the writer discourses the implementation of the provisions of the TRIPS agreement and a number of national drug patent compulsory licensing system on our country’sdrug patent compulsory licensing system implementation suggestions.The first chapter, the TRIPS agreement from the perspective of drug patentcompulsory licensing system and its application value.The second chapter, the writer introduces the practice of drug patent compulsorylicensing system in several main countries. The major developed countries on theimplementation of drug patent compulsory licensing cautious, while developingcountries is an urgent need for the implementation of drug patent compulsorylicensing. And the writer provides a reference for the implementation of China’s drugpatent compulsory licensing by the analysis and comparison.The third chapter, analysis of the current situation of our country’s drug patentcompulsory licensing system, combined with the pharmaceutical patent protectionsystem and the public health problems, and points out the shortcomings of the lawsand regulations of our country and puts forward some improvement suggestions.