Research On Compulsory Licensing Of Pharmaceutical Patents In China

The large number of patients with infectious diseases and the shortage of key drugs are the main problems facing public health in the world,especially in developing countries.To solve this problem fundamentally,it is necessary to improve the accessibility of drugs.The high price of patented drugs is the main obstacle to accessing drugs.The increasingly strict intellectual property protection has aggravated the public health problems of developing countries.Drug patents have a profound impact on drug accessibility.As an exception to patent protection,the patent compulsory licensing system can improve the accessibility of drugs from various aspects such as price and supply,and is an effective way to solve public health problems.This paper first analyzes the important impact of pharmaceutical patents on accessibility from the perspective of economics,as well as the applicable value of compulsory licenses for pharmaceutical patents.Secondly,through the domestic and foreign patent compulsory licensing system and case analysis,it is considered that China's drug patent system is facing problems.In terms of content,China's drug patent compulsory licensing legal system is consistent with TRIPs machinery,unable to combine China's national conditions and play the role of international treaty flexibility.,resulting in a rigid licensing system.Moreover,the domestic attitude towards the use of the compulsory licensing system is too cautious,and the lack of understanding of the system itself has caused the phenomenon of legal measures to be shelved.In addition,the provisions of the law itself are narrow in scope of application,compensation fees and other provisions are not clear,and the implementation procedures are not perfect.Such problems have led to the difficulty in implementing the compulsory licensing system in China and the need for adjustment.This paper theoretically analyzes and combines the practice of compulsory licensing system in foreign countries to conclude that the compulsory licensing system can play a role in improving the accessibility of drugs.It is believed that China's compulsory licensing of drug patents should indeed adopt a “cautious” attitude,but this The kind of "caution" should be the combination of the flexibility of the application conditions and the strict control of the examination procedures.It is proposed that the relevant legal improvement measures such as expanding the scope of compulsory license applications under the basic framework of TRIP should be combined with the actual situation of the country,with a view to enacting compulsory licenses for China.System application provides a reference.