Research On The Legislative Perfection Of Compulsory Drug Patent Licensing System In China

In the second half of the 20 th century,health condition became a major problem worldwide Major infectious diseases are raging around the world,but there are few drugs are available for treatment,and a few patents related to therapeutic drugs are firmly held by pharmaceutical companies in western developed countries,which makes the public health situation unoptimistic in many countries.The drug patent compulsory license system is an effective way to solve this problem.In essence,the patent compulsory license is a game between individual private rights and social public interests.Medicine patent is known as a knowledge patent,which is belong to individual's private right,and also as a property,should be protected by laws.However,if we give absolute protection to patentee,it would have conflict with public health,due to the particularity of drug patents.When there is a conflict of medicine patent and public health,the latter one should be put in more significant role.So,one of the important way to improve public health is to build and maintain medicine patent compulsory licensing system.China already set up medicine patent compulsory licensing system,however,due to multiple reasons,it still in the condition of no implement.Now,we should do is to maintain this system in legislation,and make it more suitable for market needs,but not just stay in theory.This essay proposes relevant legislation suggestion about the compulsory regulation of China's medicine patent,by studying the writings and articles of both domestic and foreign patent licensing system for pharmaceutical patents,as well as considering China's real situation.This essay has 4 parts,firstly,it explains the donation of medicine patent compulsory regulation and the basement of why it happens;secondly,it analyses the existing problem by listing the provisions of compulsory licensing of pharmaceutical patents in China's current legislation;thirdly,taking the medicine patent compulsory system as examples to compare the difference of China's current legislation and the experience which we can learn about;finally,it comes up with complete suggestion to legislation about China's medicine patent compulsory licensing system.