Research On The Compulsory License System Of Drug Patents

Development of economic globalization not only causes the free mobility ofglobal population and the rapid development of commercial trade,but also intensifiesthe spread of infectious diseases. The traditional infectious diseases like AIDS,tuberculosis and malaria still spreading in the world,and the new viruses appearedrecent years like SARS, avian influenza and H1N1influenza threat the hole worldpeople’ health and life. However, the drugs which can cure this infectious diseasesmainly controlled by some developed countries, mostly developing countries are lackof this technology and equipment. The developed countries in order to protect theleading advantage at the drug domain, they will ask the developing countries providestrick patent protection. But the developing countries are not willing to do this insteadto solve the public health problem. That causes severe conflicts between developedcountries and developing countries. So all the countries work together and hasadopted a series of international agreements to solve this problem. Compulsorylicense system of drugs patent is a compromise between the drug owners and the users.Compulsory license system of drugs patent’ functions like reduce drug price andbalance all parties’ interest make it a edged tool to cope with public health crisis. Thecompulsory license system of drugs patent involves many parties’interest, and theconflicts about it also very fierce.This article will adopt the legal basis for the Drug Patent compulsory licensingsystem, start, start programs explore, on the basis of summing up the experience forreference in order to come up with ideas of perfecting the system of Drug Patentcompulsory license.This paper has four parts. The first part introduces the basictheory of the medicine patent compulsory license system. The second part mainlyfocus on each regulation of the law about the medicine patent compulsory licensesystem. The third part discusses the main reasons and situations when we uses the lawof the medicine patent compulsory license system. The forth part shows the deficiencyof our medicine patent compulsory license system, and puts forward the principles tobalance interest and perfection suggestions.