Medicine Patent Protection Term Extension And The Balance Of Interests With The Bolar Exception

With the rapid development of human science and technology, knowledge to create wealth has been deeply rooted in the hearts of the people. Intellectual property plays an increasingly important role in the market competition in the21st century. The establishment and perfection of the intellectual property system, on the one hand, can effectively protect the legitimate rights and interests of the patent holder to encourage knowledge innovation; on the other hand, can make an appropriate restriction on the rights of patent holders to maintain the public interest; and the ultimate goal is to make the private interests and the public interest can be in a relatively balanced state.This article starts with a case which leads to the theme of the research, focuses on understanding specific provisions of extending patent protection for medicine products in the United States and Japan by understanding the medicine patent protection term extension system in other different countries. Then combined with China’s actual situation, the writer recommends the development of China’s medicine patent protection term extension system. At the same time, by analyzing the relationship between the system of medicine patent protection term extension and the Bolar Exception, looking for the interests balance between them, so as to improve the intellectual property system of China. This article consists of three parts which are introduction, body, conclusion,and there are five aspects in the body, details are as follows:The first part introduces the basic situation of Novartis and Novartis products Gleevec(imatinib) to obtain patent protection term extension in the United States instead of China,which leads to the topic.The second part mainly introduces the meaning of medicine patent protection term extension system, lists the specific rules in different countries, focuses on the narrative of the medicine patent protection term extension system in the United States and Japan, and analyzes its effect on the medicine industry.The third part focuses on the reasonableness, necessity and reality of China’s medicine patent protection term extension establishment, and how to construct that system with coordinating the relationship with other systems.The fourth part mainly introduces the meaning of Bolar Exception system, as well as the specific provisions of which in different countries, finally introduces the defects of our Bolar Exception system and how to improve it.The fifth part makes details on relationship between the medicine patent protection term extension system and the Bolar Exception system by telling the meaning of interests and the meaning of interests balance, and how to achieve the interests balance between the medicine patent protection term extension system and the Bolar Exception system.