Research On The Pharmaceutical Patent Linkage

As a special commodity, medicine can cure lots of diseases that produced in the process of human survival and development.Medicine is closely linked with humans’life and health,also can promote the technical innovation of pharmaceutical industry.Because of its importance to the technology and knowledge,the pharmaceutical industry is indispensable to the protection of the patent system. Patents protection gives the original drug researchers some periods of market monopoly in order to offset the high costs of researching new drugs, but excessive patents protection is likely to generate a large number of high-priced drugs, which affects the citizens drug accessibility. On the basis of the medical technology innovation and the guarantee of the health, we build the pharmaceutical patent linkage which can not only balance the interests of all parties, but also can meet the demands of the use of Chinese citizens.Firstly,the paper introduces the patent dispute between "Taxotere" and "Docetaxel"to promote the theme-pharmaceutical patent linkage, the author thinks that the pharmaceutical patent linkage was built on the basis of the strengthen drug patent protection,in order to realize the functional links between the drug registration administration and the patent authorized examining and approving administration.Under the premise of the generic drugs are tied to an existing drug patent protection,we hope the system can finally realize the balance of interests.Then the author introduces its rationality from three aspects:theoretical basis, jurisprudence and the target value of the system.In the second part,the paper mainly introduces the foreign system of pharmaceutical patent linkage. First of all, we study the system in United States,which was the first country to set up this system, we talk about the development、main contents and the evaluation of the this system; Secondly,the paper introduces the development、main contents and the evaluation of the system in Canada; Then, the paper also introduces the hot spot-Trans-Pacific Partnership Agreement,in this part we talk about the related regulations and evaluation of this system; Finally, the paper discusses the situation of the current pharmaceutical patent linkage in China, and starting from the physical level and process level to compare with the related provisions of the United States and Canada.In the third part,the paper mainly discusses how to perfect the pharmaceutical patent linkage in our country.Firstly,we talk about the questions that the system faced about administration、legislation and judiciary.Then,according to China’s national conditions and elements such as the current status of the development of pharmaceutical industry and the health of the citizens,we explore the pharmaceutical patent linkage that can be suitable for the sustainable development of China’s national conditions,and which needs to perfect the system from administration、legislation and judiciary.The author hopes to perfect our pharmaceutical patent linkage which can balance the interests between the generic drug manufacturers and the original drug manufacturer,also can balance the interests between the citizen’s life and health and the patent right.On the basis of balancing these interests,we hope it can further improve the quality of the listed drugs in China, and further promote the innovation and the transformation and upgrading of the pharmaceutical industry in China, thus it can greatly enhance the accessibility of drugs in China.To make sure that these safe、effective、and cheap generic drugs will be better able to benefit the citizens in our country and provide better service for the citizens in our country.