Research On The Application Of Compulsory Drug Patent License In China

Compulsory patent licensing system,in essence,is a way to seek a balance between private interests and public interests,is a safeguard for public interests.At present,there are six types of compulsory patent license in China,including general compulsory patent license,anti-monopoly relief compulsory patent license,emergency compulsory patent license,public interest compulsory patent license,emergency compulsory patent license,public interest compulsory patent license,public health export drug compulsory patent license and dependent patent compulsory patent license.Compulsory patent license has the necessity of its implementation,which can achieve the balance between patent monopoly and social public interests,improve the accessibility of drugs,safeguard public interests,deal with emergencies,prevent the patent holder from abusing monopoly power,and promote fair competition to promote economic development.Although China has specifically stipulated compulsory license system in its legislation,so far there has not been a case of compulsory patent license in China,and the reason are as follows:Firstly,the applicant subject qualification provisions are too strict;Secondly,the reason for applying for compulsory license of drug patent are too narrow;Thirdly,the royalty of the application for compulsory license for drug patent is not clear;Fourthly,the compulsory licensing procedures for drug patents are too complicated;Fifthly,the enforcement of drug patent compulsory licensing may be subject to trade retaliation from developed countries.In order to promote the practicability and maneuverability of patent compulsory license system in China,can from the following several aspects toPerfect patent compulsory license system in China: 1.Relax the applicant's subject qualification;2.Increase the reasons for applying for thecompulsory patent licenses;3.Clarify the calculation method of the drug patent compulsory license fee;4.Simplify the procedure of applying for compulsory drug patent license;5.Reasonably use the compulsory drug patent license system as a bargaining chip.