Study On Drug Patent Compulsory License System

With the improvement of people’s living standards, people’s demands for health is more andmore high. On drug demand become more prevalent, drug patent system in the interests ofprotecting drug producers, in a certain extent also hinder the people of health drug diversityrequirements. Therefore, many countries in the exploration of established drug patentcompulsory licensing system to balance the public on drug basic needs and interests of theproducers. In China, after the reform and opening up to the outside world, including drugpatent system, many patent system had been established, to other countries to learn from theprocess, our country also explore their drug patent compulsory license system.Drug patent compulsory license of the purpose is to protect the public health, governmentrelated patent administration departments to have made medicine patent right transfer to nonpatent authorization of manufacture, and pay relatively low compensation of compulsorylicensing. The drug patent compulsory license of subject system, the scope of the licensingsystem, compulsory licensing conditions and entities in the system is one of the importantcontent, of course, in the law also includes procedure system of compulsory licensing of thebasic conditions. In order to solve the drug patent monopoly interests and public healthconflict, drug compulsory license system is undoubtedly one of the best choice. China’s drugpatent compulsory license is not complete, only at the theoretical level faced some problems,such as in drug application of compulsory licensing content exactly how to define to whatcircumstances, who is responsible for application, the application for drug patent compulsorylicense all conditional statements and provisions are not clear, drug patent compulsorylicensing program and no independent and so on. Learn from the experience of othercountries, combined with China’s drug compulsory license conditions, I think we should startwith the following aspects to improve: the conditions of the main application is simplified; oncompulsory licensing procedures in line with the principle of efficiency is simplified; soundof a patent right measures to protect the interests of; for the drug compulsory license ofprinciple is described using the method to calculate the fee.