The Research On Compulsory License System Of Drug Patent In China

In recent years,H1N1 flu,Ebola and other diseases have wreaked havoc around the world,causing many global public health crises.However,the patents of effective therapeutic drug are usually held by large pharmaceutical companies in developed countries.The sudden public health crisis makes the demand for patented drug increase sharply,and the supply of pharmaceutical companies holding drug patents is limited.The serious imbalance between supply and demand leads to the increase of prices,and at the same time,it is easy to cause social panic.Especially after the outbreak of bird flu in 2009,it has exposed the deficiencies in China’s response to the public health crisis.Disease prevention depends on the development of new drug,and research and development results depend on the protection of patents to encourage the patentee to continue research and development.As a result of patent protection,the prices of drug are often too high,which reduces the accessibility of drug and threatens public health.Therefore,the conflicts of interest between patent rights and public health need to be balanced.As a means to balance the interests of patent rights and public health,compulsory patent license is a right granted by TRIPs to solve public health crisis.Although,China has established the patent compulsory license system in the legislation,it has not been able to play its role.Therefore,the research on compulsory patent license plays an important role in promoting the practice of compulsory patent license in China.By analyzing the importance of drug patent protection and the impact of patent protection on public health,this paper tries to show that the contradiction between the two can be solved by compulsory drug patent license.However,due to the existence of many disputes in the drug patent compulsory license system,and different attitudes towards the implementation of compulsory license in the world,China has always been cautious about the drug patent compulsory license.This paper hopes to provide some suggestions for the implementation of compulsory drug patent license in China by referring to the practical experience of compulsory drug patent license in focountries,so as to solve the public health problems in China.Based on the above ideas,this paper analyzes the drug patent compulsory license system from multiple aspects.The main research contents include the followingaspects:(1)Defining the meaning of drug patent compulsory licensing,by analyzing the conflicts between pharmaceutical patent protection and public health,trying to explain the rationality of drug patent compulsory license system exists,and different scholars on drug patent compulsory license system for pharmaceutical research and development and the influence of different countries for the attitude of drug patent compulsory licensing,and to illustrate the differences in the current understanding of drug patent compulsory license system.(2)To analyze relevant international legislation and practice on compulsory drug patent license system,including relevant provisions of international treaties,developing countries and developed countries on compulsory drug patent license system and current implementation status,and to provide reference for China’s compulsory drug patent license by analyzing the practical experience of other countries.(3)By analyzing the current legislation on compulsory drug patent licensing in China,the author analyzes the existing problems,clarifies China’s attitude towards the compulsory drug patent licensing system,and provides some Suggestions for improving the practice of compulsory drug patent licensing in China.