A Comparative Study On The Compulsory Licensing System Of Chinese And Indian Drugs

After two world wars,China and India achieved their independence in the middle of the twentieth century.At the beginning of the founding of the People's Republic of China,the Indian government basically followed the patent law of the British colonial rule,and China completely copied the patents of the former Soviet Union system.Until the 20 th century,70 years,the two countries in accordance with their national conditions to establish a national development interests in line with their own patent system.As the two countries with the population,and the two countries at the time of the public health infrastructure and its weak,to meet the needs of public health,the two countries are in the development of patent law will be involved in the exclusion of pharmaceutical products can be granted patent protection Outside the scope of this is also in line with the national conditions of the two countries.The pharmaceutical industry not only plays an important role in promoting economic development and technological progress,but its impact on public health and health is beyond the reach of other industries.China and India's pharmaceutical industry in the manufacturing capacity have entered the ranks of the world's major powers,especially the production of large antibiotics,the two countries can basically about the international market.However,compared with the advanced pharmaceutical industry in western developed countries,the difference between China and India is also very obvious,one of the most prominent is the lack of adequate ownership of fully independent intellectual property rights of drugs.This undoubtedly makes the two countries in response to the country may be a serious public health crisis stretched.After entering the 21 st century,especially after the two countries have become members of the World Trade Organization,India in the treatment of national patent law and international standards,the means to be taken to be more flexible.This is from India after the accession to the World Trade Organization for the amendment of the national patent law will be aware of India did not blindly emphasize the high standards of patent protection,but slowly its patent law to make continuousamendments to meet their domestic society Economic development needs,it is this pragmatic attitude,making the Indian pharmaceutical industry as the representative of the domestic economy has been fully legal and policy level of the shelter,and after a certain period of accumulation after the gradual upgrade,after all,in the world economy around the world Today's development has become an important force to compete with Western counterparts,providing some industry support for India in coping with possible public health crises in the future.In this paper,through the study of India's strategy and means in the development of its patent system,this paper attempts to provide some reference for the future development of our country's patent system,especially in the current pursuit of intellectual property protection standards to the level of Western developed countries become mainstream Era,how to do in China not only with the relevant international treaties and agreements under the conditions of conflict,but also make full use of the patent system as a national industrial policy to adjust the legal tools to carry out a comprehensive consideration.