Research On Drug Patents Compulsory Licensing System In China

The issue of drug patent compulsory licensing is a global problem, it is also one of the major concerns of the development of intellectual property rights in recent years. With the surge in the flow of the frequency and increase the population of the population across the region, as well as the outbreak of SARAS, pandemic influenza H1N1 and other infectious diseases all over the world, a wide range of public health crisis has become more serious, and the social demand for drugs are more obvious. However, as the world’s largest developing country, there is a big gap between China and most developed countries in aspects of pharmaceutical manufacturing capacity anbd drug capital investment. That is the reason why drug patent compulsory licensing system are urgent to be implemented for solving the issues, how to make people enjoyed the low prices and high quality drugs. Drug patent compulsory license system has played an important role in balance property rights and public health, or public rights and private rights, as well as it also has an great effect on reducing drug prices, improving drug accessibility and dealing with public health crises. Therefore, to study on pharmaceutical patent protection for drug compulsory licensing system may have a profound practical significance and social significance.In 1994, World Trade Organization(WTO) signed the "Agreement on Trade-Related Aspects of Intellectual Property Rights", which gave the Member States the rights of implementing drug patents compulsory license. The Doha Declaration of 2001 also gave member states the right of drug compulsory license in the case of public health crisis. In this process, through the implementation of drug compulsory licensing, some developed and developing countries,such as America,india,are with the purposes of preventing abuse of the patent rights to protect public health. But when other countries in the ongoing efforts to improve the way the drug patent compulsory licensing, our country still do not have a sound system of systems, drug patent compulsory licensing agreement in a "zero implementation of the" embarrassing situation. In the facing the problem of high drug prices and low drug accessibility, our country may learn from the experiences of other countries, and implement of drug patent compulsory license system as one way to solve the problem. With the purposes of improving levels of national health, we should make rational use of this system and research for the new balance between patent protection and public health. Of the drugs included in the scope of patent protection later, although China’s legislation has already affirmed the compulsory licensing system, but in reality our country never implement compulsory patent licensing for real. In keeping with the provisions of the TRIPS Agreement, in 2009, the Patent Law was made the second revision, Although China’s patent law has been highly satisfactory TRIPS agreement during the modifications, there are still many defects.Combined with the provisions of international treaties of the TRIPS Agreement and other relevant national drug patent compulsory licensing system of practical experience, my study aims to illuminate our drug patent compulsory licensing system deficiencies and admissible countermeasures as follows:The first part describes drug patent compulsory licensing system concepts, types, and combines with the analysis of the legal basis of drug patent compulsory licensing legitimacy and necessity of its implementation in China. And to analyze the relevant provisions of the system of international treaties in international context.The second part introduces the different practical experience between represented developed countries like the United States, Canada and represented developing countries like India, Thailand, Brazil in implementing drug patent compulsory licensing system. And to analysis and make useful the experiences.The third part analyzes the status of drug patent compulsory licensing system and implementation of the legislative status in China, and proposes some of the existence of the system’s flaws.The fourth part, basing on the analysis of the defects in the previous chapter, this chapter proposes some countermeasures according to China’s national conditions for improving drug patent compulsory licensing.