Research On The Implementation Of Compulsory Licenses For Pharmaceutical Patents In China

Obtaining drugs is necessary to ensure effective treatment of diseases,and how to improve the accessibility of drugs is an important problem for developing countries.Patent rights are exclusive and monopolistic,and drugs' patent are important means to protect the long-term development and operation of pharmacy enterprise.Compulsory license of patent is a special case of patent licensing,which aims to prevent the patentee from abusing patent rights and to balance the interests between the patentee and the public interest.The "Doha declaration",which made by World Trade Organization,clearly pointed out that the international trade organization members could use compulsory license of drug patent,from the political and legal aspects to enhance the developing countries and developed countries have the ability of drugs.The "Doha declaration" also pointed out that each member in public health crisis by HIV / AIDS,tuberculosis and other epidemic diseases,which constitute the "emergency" for compulsory license of drug patent.The status of AIDS treatment is grim facing in China.The availability shortages of antiviral drugs in first and second line are serious problems and dilemmas clinical situation.Although China has carried out the research,development and transformation of anti AIDS drugs actively,the compulsory license of drug patent is an important means to improve the accessibility of AIDS drugs at the same time.There are still many problems in the compulsory license of drug patent implementation.We would research and analyze the international treaties,relevant domestic laws and status for compulsory license of drug patent,discuss the fields of improvement in our country and system.First,the patent is part of the market economy system and granted by the state,in order to protect the rights and interests of the creative work.However,when the patent conflicted with the social public interest,the compulsory license of patent then formed and developed gradually.We reviewed the background,history and development process for compulsory licensing of patent.We also analyzed the necessity and urgency for compulsory license of drug patents in China,using the example of anti AIDS drug accessibility.Secondly,based on the grim situation of AIDS,tuberculosis,viral hepatitis and new outbreaks of infectious diseases epidemic situation of China,We discussed and analyzed the problems on the related legislation and operational system of compulsory license through the actual cases.Thirdly,concern about the international trade friction and other issues,all countries have adopted a prudent attitude towards compulsory license of drug patent.We discussed the state of emergency in developed and developing countries,then analyzed the public interest,different attitudes and learned some experience of implementation.Finally,at the legislative and institutional level,we studied the compulsory license of drug patent deeply and tried to find out some points and make some recommendation,which could improve implementation further during application and supervision.We also demonstrated the positive effect for the compulsory license of anti AIDS drugs.The purpose of this article is to analyze the significance for compulsory license of drug patent on the current stage of China in order to improving drugs accessibility.After learning some cases and experience,we proposed some suggestions at the legislative and institutional level,in order to avoid legal problems facing serious public health crisis in the future.