The Perfection Of The Legal Regulation Of Parallel Import Of Patent Medicines

In recent years,as the global public health problem has become more and more serious,the consumers' demand for medicine has been increasing.As a developing country,our country has been weak in pharmaceutical research and innovation,especially since the SARS outbreak in 2002,it has exposed the disadvantages and shortcomings of our country in the field of medicine.In the absence of basic drugs to treat epidemic diseases,parallel imported drugs is a effective way to obtain drugs quickly.As an important part of intellectual property,patent right plays an important role in promoting scientific and technological progress and economic development.Therefore,it is of great practical significance to study the parallel import system of patented drugs.The exhaustion of patent rights and the parallel import of patent products are not only theoretical problems,but also economic benefits and trade issues.Therefore,in this paper,the main research is focused on the theoretical study on the patent parallel import drugs,through the analysis of the mechanism of patent parallel import occurs,combined with the foreign successful experience in the field of medicine,thus to puts forward some Suggestions on our country drug accessibility problems.At the same time,it analyzes the existing problems in the legal regulation of parallel import of patent medicine in China,and provides some legislative Suggestions for improving the relevant system.Based on the above research ideas,this paper adopts a variety of methods to further and systematically analyze the parallel import of patented drugs.The main research contents of this paper include the following aspects.(1)To define the research object,analyze the basic concept of parallel import of patented drugs,and discuss the basic theoretical framework of the parallel import of patented drugs.The theoretical basis for the analysis of parallel import of patented drugs,including the theory of exhaustion of rights,the theory of implied license,and the theory of import rights,it focuses on the relationship between the principle of exhaustion of rights and the parallel import.To reveal the cause and effect of parallel import of patented drugs.(2)To analyze the legislative provisions and judicial practices of representative countries for parallel import of patented drugs,including some developed countries and some developing countries.And the international trade treaty provisions for parallel import of patented drugs.Through the analysis of the foreword,to sum up the successful experience of other countries,especially India's success in the field of medicine.(3)through analyzing the existing problems in the legal regulation of parallel import of patent medicines in China,and combining with China's current national conditions,this paper puts forward some suggestions for improvement.