Comparative Study On The Compulsory Licensing System For Drug Patents

With the deepening of economic globalization,public health has become a serious problem facing the world in recent years.The demand for medicine is increasing in the general public,and drug patent protection has led to the high price of medicine related to many serious diseases.As a result,public health needs are difficult to meet.China is also faced with the increasingly serious public health crisis,and some major infectious illnesses and chronic diseases are threatening people's health.Facing the public health crisis,many countries have successfully reduced the price of drugs through the compulsory license of drug patents,which has solved people's demands for expensive medicines in short supply.Our country has also established the compulsory licensing system for drug patents,but there is no compulsory license of drug patent in terms of practice.Therefore,how to deal with the domestic public health crisis and use the system reasonably and effectively is a topic worthy of discussion.This thesis selects the compulsory licensing system for drug patents as the research object,and it consists of six chapters,the main structure of the thesis is as follows.The first chapter mainly introduces the background and significance of the research,then collects and analyzes the research results of the scholars related to the topic,as well as introduces the research methods,innovation and shortcomings of this thesis.The second chapter analyzes the necessity and significance of implementing the compulsory license system for drug patents.At present,China is faced with increasingly serious public health crisis,including the spread of infectious illnesses and chronic diseases,the obvious conflicts between expensive drug prices and illnesses,and the phenomenon of poverty as well as returning to poverty caused by illness.On the basis of the public health crisis,the author analyzes the necessity of implementing the compulsory licensing system for drug patents,then discusses it's ethical basis and significance.The third chapter examines the compulsory licensing system for drug patents in two aspects:the concept and the legal origin.Firstly the author introduces the concept of compulsory licensing system for drug patents,and then analyzes the international legal origins of the system,including the Paris Convention,the Doha Declaration and the TRIPS Agreement,and then briefly introduces the origin of domestic law for the system.The fourth chapter discusses the representative legislation and practice of compulsory licensing system for drug patents.Firstly the author makes a general analysis on the whole,then mainly discusses the legislation and the practice processes of some specific cases of the compulsory license of drug patents in India and South Africa,as well as briefly introduces the practice of some other countries.The fifth chapter discusses the legislation and the practice of compulsory licensing system for drug patents in China.Firstly the author introduces the legislation of compulsory licensing system for drug patents in our country,including the relevant provisions of the patent law and the compulsory license.Then the author introduces the current situation of compulsory license of drug patents,and explores the reasons behind the zero-implementation of it in our country.The sixth chapter discusses the Enlightenment of foreign compulsory licensing system for drug patents to China.Combined with the foreign successful implementation of the compulsory license of drug patents,the author puts forward some suggestions,such as strengthen the government's role in public health care,improve the compulsory licensing system for drug patents,develop the generic pharmaceutical industry and improve the innovative ability of pharmaceutical enterprises,aiming to make good use of the compulsory licensing system for drug patents and to promote the development of medical and public health care in China.