The Implementation Of The Theory Of Drug Patent Compulsory License System In Our Country

Economic Globalization Promote the rapid development of the countries, Also led to a surge in population and infectious disease caused by the frequent cross-border flows of cross-regional outbreak. This phenomenon In the absence of advanced medical technology and capital investment in developing countries and LDCs was particularly prominent. As one of the countries where the typical Chinese. In the face of public health crisis erupted repeatedly in recent years, How to make the patients with instant access to cheap effective drugs become a problem to be solved. However, Pharmaceutical enterprise technology level and the limited funds, leading to when a public health crisis occurs, Our country can’t immediately provide effective drugs for patients, While in other countries a significant effect due to the high price of patented drugs so that patients can be prohibitive. In order to improve Chinese drug accessibility, At the same time does not prejudice the legitimate interests of the patentee, Implement the drug patent compulsory license system become the important way to solve.Since the world trade organization (WTO) signed the agreement on trade-related intellectual property rights, and after a series of agreements to give members after the implementation of drug patent compulsory licensing rights. Some developed countries and developing countries through the implementation of the system has reached the limit of patent abuse, safeguard public health purposes. Such as the United States in the fight against anthrax infection and to apply with the German bayer threat of compulsory licensing negotiations, Finally forced bayer active lower drug prices. Thailand for the treatment of heart disease drugs issued drugs for heart disease "wave vertical dimension" of patent compulsory licensing. The two countries to reduce the financial burden of domestic medical insurance at the same time, also meet the needs of the patient for drugs, Reduce the mortality rate caused by lack of drugs. However, when other countries through the implementation of drug patent compulsory licensing and made great efforts to protect public health, China still maintains the system is limited to the system level requirements.From the system level analysis, The TRIPS agreement to apply patent compulsory licensing requirements, procedures, types and so on all make the rules. As a member of the TRIPS agreement, In reference to the regulations in our country has initially formed on the basis of the patent law and the implementing rules for the patent law and the measures for patent compulsory license of patent compulsory license system. From the social level analysis, I n recent years, the increase of the sudden public health crisis, The demand with a patent medicine, For the implementation of drug patent compulsory license system provides market infrastructure. It has not yet led to the implementation of compulsory licensing of drug patents in the end, what is the reason? In what ways can improve the existing status quo? In response to public health crisis will happen in future may cause drug in short supply, To promote our country medicine enterprise faster learning advanced medical technology, Also be implemented in order to make our country existing legal system. This article attempts through the comparative analysis of the implementation of the foreign countries and Chinese pharmaceutical patent compulsory license, Discusses the problem of implementation of the system, In order to make recommendations for improving China’s pharmaceutical patent compulsory licensing system. Specific studies as follows:The first part analyzes the implementation of compulsory licensing of drug patents related concepts, the need for international and domestic context and implementation; The second part analyzes the reality of the plight of China’s implementation of the system; The third part introduces the developed and developing parts of the system implementation and lessons learned; The fourth part, by drawing on the experience of foreign institutions and the specific implementation of the proposed ways to promote the implementation of compulsory licensing of pharmaceutical patent regime.