Study On The Compulsory Licensing Of Drug Patents

The patent is a private intellectual property rights under the law, the rights created by the aim to protect the legitimate interests of the patent owner, to encourage inventions and promote the application of inventions to improve the ability to innovate, promote scientific and technological progress and economic and social development, the drug is a special commodity, consumer use of drugs that aim to prevent, diagnose, treat, mitigate or eliminate the disease. With the continuous development of economic globalization and the deepening of goods increased competition, protection of intellectual property rights is increasingly strengthened in various countries and regions began to pay attention to the protection of intellectual property, the drugs included in the protection of patent law object has its inevitability. However, health and the right to life is a basic human right indispensable for survival, people use drugs to get rid of, disease prevention, protection of health and prolong life, but after the drug is bound to obtain patent protection for the price rise, narrowing the way people access to medicines, reduced access to medicines. Chinese law set a mandatory licensing system purpose is to prevent the abuse of the rights of the patent holder, raise the level of scientific and technological development, the biggest conflict of interest balance between patent holders and the public, and promote social harmony and stability.In this paper, compulsory licensing of drug patents as the theme, were to start discussion from five aspects:The first part, we introduce the classification and characteristics of drug patents and patents acquired entity to the relevant provisions of the elements of a detailed analysis of the substantive requirements of pharmaceutical patents acquired combined with China’s Patent Law.The second part describes the concept of compulsory licensing of drug patents, the nature and implementation of drug patent compulsory licensing of practical significance, according to the law of compulsory licensing of intellectual property scholars normative content and reference exposition summed statutory type of drug patent compulsory licensing its implementation conditions, and on this basis, introduced compulsory licensing of drug patents to implement the program.The third part is the country legally, reasonable implementation of compulsory licensing of drug patents have the basis of international law and domestic law, protect human rights, improve access to medicines based on three aspects of legitimacy from.The fourth part of the three foreign countries were introduced to implement specific types of legal practice cases under compulsory licensing, after the success of these countries can successfully implement compulsory licensing of drug patents were analyzed to extract the common place for our theory of this system in the future provide valuable experience and improve the practice of law.The fifth part in the specific case of drug patent compulsory license, analyzes the reasons for the implementation Tamifle Baiyun Mountain version and did not successfully implemented, based on China’s specific national conditions and the reality of the provisions of the law on compulsory licensing of drug patents from the legislative system some aspects of the recommendations made to improve, hope to make our drug patent compulsory licensing legal system more complete, workable, effectively improve and enhance the health and lives of the people.