The Research Of The Way To Achieve Perfection In Drug Patent Compulsory Licensing System Of China

With the development of modern civilization and frequently international exchanges, a variety of unexpected epidemic diseases outbreak through the world in a short time. At the same time, cancer, AIDS and other malignant diseases persecute people all over the world. In the struggles with the diseases, the effects of various types of high-tech drugs become a necessity for patients. In the majority of the developing and less developed countries, the low level of economic and technological underdevelopment limit the level of consumption, the majority of patients do not have full and timely access to cheap drugs. For this reason, the Agreement on Trade-Related Intellectual Property Rights have been adopted by the relevant international organizations and other international legal documents, setting up drug patent compulsory licensing system designed by pharmaceutical patentees to limit patent rights to protect those countries and people in urgent need of drugs.In order to carry out the spirit of international treaties, many countries, including China, stipulated the specific provisions of the country’s drug patent compulsory licensing system. Some even did the first license, and achieved good results. Compared with them, there are many problems in the provisions of the Patent Law of our country, such as the legal system is not perfect, disharmony between the legal norms, lacks of scientific and rationality. There is no one case of successful drug patent compulsory licensing cases in practice. These problems make the laws regrettable, and many patients with the diseases can not enjoy the benefits of compulsory licensing system.This paper is divided into introduction, body, conclusion of three parts, of which the body consists of three chapters:Firstly, the basic connotation of drug patent compulsory license system and development are introduced, as a starting point, and then analyzes our country’s drug patent compulsory license system content. Investigation of drug patent compulsory licensing of current practice. In this section, mainly borrowed from our typical case--Baiyun Mountain event to elaborate version of Tamiflu. By interpreting the provisions of the relevant practice of patent law, to study some of China’s pharmaceutical patent compulsory license system problems;Secondly, introduces the foreign regulations on drug patent compulsory license system and the typical example, select the representative and the same for the developing countries of Thailand and India. To elaborate its drug patent compulsory license system of rules and practices. After the compulsory licensing of drugs in both countries critical analysis of successful cases. Through this successful practice case study approach to other developing countries to learn from their valuable experience and improve our drug patent compulsory licensing system;Finally, based on analyzing the defects of drug patent compulsory license system of our country, comparative study on the foreign drug patent compulsory license of successful case, summarize the enlightenment and experience, also based on China’s basic national conditions and the actual situation, puts forward corresponding measures and suggestions on the drug patent compulsory license system in China, and then find a Chinese characteristics of drug patent compulsory license path, in order to better promote the improvement of China’s patent law system, as soon as possible to take the first step of drug patent compulsory licensing practices, better protect the right to subsistence and the right to health of citizens.