Research On Pharmaceutical Patent Linkage In China

Medicine is inseparable from human life and health,and an effective and sufficient supply of medicine is crucial to solving the public health crisis.As a highly technology-intensive industry,drugs cannot be separated from the protection of the patent system.However,excessive protection will lead to the monopoly power of the original pharmaceutical research enterprises in the market,give rise to high-priced drugs,and affect the drug accessibility of citizens.The drug patent linkage system is constructed on the basis of the principle of "legal interest first" and "balance of interests",which strengthens the patent right of the original developed drug,encourages the development of new drugs and gives consideration to citizens’ right to life and health.Based on the argument based on the analysis of the justification of the system of drug patent links,respectively from the system development,the formation of the content design and its evaluation in the United States and Canada are introduced drug patents link,contrast generated in the system of our country’s drug patent links,operation principle,etc.,and from the aspects of entity and procedure,with the related provisions of the United States,Canada is analyzed.China’s patent law and measures for the administration of drug registration both contain relevant provisions for drug patent links,but there are still many deficiencies.At the entity level,China’s drug patent linkage system is faced with problems such as non-standard information disclosure system,loose provisions of "Bolar exception",absence of "fiction"infringement,and incomplete simplified procedures for generic drugs.At the procedural level,there is no effective communication and coordination mechanism between the state food and drug administration and the state intellectual property office,resulting in patent infringement disputes after generic drugs are marketed.Therefore,the principle of "priority of legal interests" and "balance of interests" must be adhered to when perfecting the drug patent linkage system in China.On this basis,the successful experience of the drug patent link system in the United States is used for reference to further improve the drug patent link system in China,so as to ensure the prosperity and development of the drug research and development industry and better protection of public health.