The Conflict And Balance Between Original Drug And Generic Drug

In the rapid economic development of today, intellectual property protection has become a national development strategy and the core content of international competitiveness. Today,we are facing with all kinds of complicated problem, air pollution, food safety, such as high housing prices affects people’s lives. The pharmaceutical industry as a big problem, is a matter of national life. The drug is a kind of highly dependent on intellectual property protection. It is well known that patent protection has timeliness, when the right passing, will become a generic drugs and become public wealth of the society. In recent years, there will be 77 billion dollars patent brand drug patents expire, which is bring a new opportunity and the future development of generic drugs. Therefore, how to balance the original drug patent protection and the development of generic drugs, the contradiction of the pharmaceutical industry for the future development is crucial.In this paper, through the introduction of the concept of generic drugs and the original drug and characteristics, to clarify the relations between the interests of the drugs and generic drugs. Drug patent protection as the main line, generic drugs and drug patent conflicts of interest is the basis. On the one hand, through the drug patent system, encourage innovation drugs to pharmaceutical industry transformation, improve the level of the pharmaceutical industry research. On the other hand, the original drug prices high is against drug accessibility.In this condition, this paper gives several suggestions. Firstly, suggestions about BOLAR exception system. Secondly, the "evergreen" patent. Third, the drug patent compulsory license system.Finally, patent drug link system.In this paper, through the improvement of the existing legal system and excellent foreign experience, put forward the corresponding effective solution to find the balance between interest for patent protection and production of generic drugs.As the biggest developing country in the world,we cannot be controlled by the so-called mainstream view. Our country should set out from the situation of our country, combining with generics companies in our country under the new situation of the challenge and opportunity. Only in this way, we can realize the beautiful China, health the revival of the Chinese dream.