Research On Compulsory License Of Pharmaceutical Under TRIPS Agreement

Based on the purpose of eliminating a serious impediment to drug patents for WTO member countries,particularly developing countries in the face of public health issues arising, TRIPS Council first discussedthe subject of intellectual property rights in the public health context in2001. China’s problem involvespublic health and drug supply can not be ignored is that Chinese pharmaceutical companies despite thesuper generic skills in the face of strong public health problem resilience, however, is very obvious lack ofinnovative capacity, which largely limits the long-term development of China’s pharmaceutical supply,and also limits the TRIPS provisions of the Protocol on the compulsory licensing of drugs ability to exportto other countries. Therefore, China’s pharmaceutical enterprises to embark on the road of independentinnovation and development as soon as possible. This article is based on the reality of our situation, fromour discussion of the practical needs of drug patent compulsory licensing system, in order to sum up thesuccessful experience in the basis for China’s pharmaceutical patent compulsory licensing system toimprove the proposed ideas.This paper is divided into four parts. The first part introduces compulsory licensing of drug patentsbased on reality and significance. This section analyzes the major role in the protection of patented drugs inpublic health and safety, and reveals the public nature of drug patents. The state should protect publichealth from the perspective of providing urgently needed medicines to the public, thus affirmed the drugpatent compulsory licensing system of great value. Meanwhile, China’s current public health situation isgrim, the need to improve drug patent compulsory licensing system to protect our public health and safety.The second part details the drug patent legislation of compulsory licensing system. First introducedthe relevant international conventions, including the relevant provisions of the TRIPS Agreement," DohaDeclaration "," the General Council resolutions " and " amendment of the TRIPS Agreement of theresolution" and so on. Simultaneous analysis of relevant legislation and practice of developing anddeveloped countries, further illustrates the drug patent compulsory licensing system in practice theproblems, and worthy of our summed learn from.The third part of the review of the country ’s drug patent compulsory licensing system. First introduced describe and analyze the legal framework of China’s pharmaceutical patent compulsorylicensing system and a review of our existing drug patent compulsory licensing system in the legislativeprinciples, legislative technical deficiencies that exist on compulsory licensing of drug patents existingproblems.The fourth part of the review of existing drug patent compulsory licensing system deficiencies, basedon the principle of balancing the interests of improving the system summary to be followed, and the realityof our country put forward a sound system of compulsory licensing of drug patents specific suggestions tohelp China to forced to start drug patents and licensing system.