Research On China's Imported Drug Patent Compulsory License System

Imported drugs play an important role in preventing and controlling public health crises.Obtaining drugs is an essential part of ensuring effective treatment of diseases.However,the prices of imported drugs are so high that many patients are delayed in treatment because they cannot pay for expensive imported drugs..The drug patent right has exclusiveness and monopoly.Drug patent compulsory license is a restriction on the grant of patent rights.The main purpose is to circumvent the patentee's uncontrolled use of the drug patent right,and to find the drug patentee and the national public.A balance between interests.Based on the actual situation of the compulsory license for imported pharmaceutical patents,the necessity of implementing compulsory licensing of imported drugs is explained from the national conditions of China.Based on the experience of other countries,the paper proposes to improve the compulsory licensing system for pharmaceutical patents in China.Feasibility suggestion.Aiming at the concept and status quo of the drug patent compulsory licensing system,a comprehensive analysis of the current status of the implementation of the drug patent compulsory license in China is carried out.From the aspects of entity and procedure,this paper deeply expounds the problems existing in the patent compulsory licensing system for imported drugs in China,and finds that the concept of existence in China is not clear in the implementation process,the application subject is too strict,the procedures are cumbersome and the patent rights are lacking.People relief and other issues.Based on the advanced experience of the implementation of compulsory licenses for drug patents in other countries,the United States,Canada,and the developing countries with rapid development in the pharmaceutical industry,India,Thailand,and Brazil,have been selected for comparative analysis and reference to other countries ' compulsory drug patent licenses.The implementation of the system,and thus continuously improve the implementation ofChina's patent compulsory licensing system.Through in-depth analysis of the problems existing in the implementation of the patent compulsory licensing mechanism in China,the paper puts forward some solutions to rationally define related concepts,expand the scope of applicants,simplify procedures,and establish special litigation procedures.It is expected to improve China's patent law system and promote China.The implementation of the compulsory licensing system for imported drug patents lays the foundation for better protection of the right to life and health of our nationals.