Study On Legal Issues Of Compulsory License For Pharmaceutical Patents

The most typical embodiment of intellectual property in the field of medicine and health is medicine.The compulsory licensing of pharmaceutical patents has always been a worldwide intellectual property research topic,and the balance of interests between pharmaceutical patents and public health rights has become one of the research hotspots in recent years.The paper mainly combines the successful practical experience of developed countries(the United States and Germany)and developing countries(India and Brazil)to explore the problems existing in China's drug patent compulsory licensing system and propose solutions.Specifically,it is carried out from the following four aspects:the first part is the legal classification of the compulsory licensing system for pharmaceutical patents.It introduces a general overview of the patent compulsory licensing system firstly,which leads to the concept of compulsory licensing of pharmaceutical patents,and elaborates on the conflict between the patent right of drugs and the public's right to health and the dispute over the compulsory licensing system for pharmaceutical patents.The second mainly writes the successful practical experience of the foreign drug patent compulsory licensing system.It introduces the practice cases of the compulsory licensing system for pharmaceutical patents in the four countries of the United States,Germany,India and Brazil.Among them,the United States and Germany are typical representatives of the developed countries to implement the system,and India and Brazil are typical representatives of developing countries to implement the system.The successful experience of these countries has important reference significance for the implementation of China's drug patent compulsory licensing system.The third mainly discusses the legislation,implementation status and problems found on the basis of China's drug patent compulsory licensing system.Although China's patent law and its related laws and regulations stipulate compulsory licenses for patents,the provisions are not perfect.The part mainly discusses three aspects:the definition of public health concept is vague,the application subject is too strict,and the compensation fee for compulsory license is not clear.The reason why China's drug patent compulsory license system has not been implemented yet is discussed.Finally,through the analysis of the successful implementation experience of the foreign drug patent compulsory licensing system and the various problems existing in China's,suggestions on how to improve China's drug patent compulsory licensing system are propound.It is rational Coordination,which makes the drug patent rights and public health rights reach a relatively balanced and fulfilled state to create conditions for the implementation of the "healthy China" strategy.