Research On Anti-monopoly Issues In The Field Of Pharmaceutical Patents In China

Drug patents are legitimate pharmaceutical patent holders the exclusive possession of drug patents,are protected by the state to use or authorize others to use the drug patent eligibility and freedom.Too absolute patent right will lead market to unbalanced development,the pharmaceutical patent rights is an absolute exclusive right,abusing the pharmaceutical patent right will disrupt a class or a particular drug market.Pharmaceutical patent monopolize market supply,and also will bring price monopoly increasing the financial burden of drug-using population.Medical products are differ with the general consumer goods,its are relation to the right to human life and health,and can not simply look at the patent monopoly of commodity.The Conflict between protection and anti-monopoly of pharmaceutical patent is inevitable,abusing pharmaceutical patent make a variety of competitive behaviors,which including abusing pharmaceutical patent of market dominance,pharmaceutical patent monopoly refused to license agreement,to extend the patent protection of human and other monopolistic competition.These acts will destroy the normal competition order of drug market,disrupt the fair competition environment of drug market,harm the interests of consumers of drugs,it will be subject to antitrust regulation.According to this situation,many countries have adopted the relevant legal regulation measures to monopoly caused by the abuse of drug patents.The United States is the first country in the world noting monopoly drug patents and making antitrust regulation,formulating a series of laws to regulate the drug market monopoly,taking measures which accelerate the generic introduction to achieve the promotion of drug market dynamic competitive role,the most famous is "Drug price competition and Patent term compensation case." However,developing countries,such as India and South Africa,based on countries' public health and the development of the domestic pharmaceutical market economy,using TRIPS,TRIPS-plus agreements formulating public interest relief autonomous way to establish a national pharmaceutical compulsory licensing system to against pharmaceutical patent monopoly behavior of Western medicine power countries.India becomes a world-famous "the world's pharmacy",not only solved the problem of the country's drug needs of public health,even more,putting India drugs to the world pharmaceutical market,promoting drugs economic development and prosperity.China is a developing country which has a large population and is deepening economic reforms,in the face of market monopoly of drug patents from antitrust regulations,three factors must be taken into consideration : Firstly,China has a large population,monopoly drug patents and drug supply market are related to public health and even social stability;secondly,drug patent monopoly pharmaceutical innovation market,exploit the loopholes of laws and policies to extend drug patent protection period,contrary to the established patent law patented innovative mind;thirdly,China is establishing a mature and stable socialist economic market system,the drug patent monopoly hinders the healthy competition of pharmaceutical market which is not conducive to healthy growth of the pharmaceutical market.Therefore,when we make antitrust regulations drug research on the field of patents,it is necessary to draw on a long history of U.S.Patent Research and justice experienced pharmaceutical patent antitrust regulatory instruments,even more,with reference to public health in developing countries for drug patent compulsory license institutional development approach.In conclusion,the author's recommends about the field of Chinese pharmaceutical patent reform in anti-monopoly legal regulation,are mainly in three aspects: First,the proposition to set the regulation to implement the law on compulsory license of Chinese pharmaceutical patent;second,the proposition to promulgate legislation to implement compulsory licensing of pharmaceutical patent;third,the proposition to anti-monopoly law to regulate the abuse of Chinese pharmaceutical drug patent.