Research On The Restrictive Protection Of Pharmaceutical Patents

The restrictive protection of medical patent is a prominent problem in the field of medical patent.On the basis of the rationality of both medical patent and public health,correcting the monopoly position of patentee is an important export to solve conflicts.The Bolar exception provides generic drug manufacturers with a safe harbor for testing data submitted to the FDA for listing that is not considered infringing.This system has been imitated by many countries in the world and established through their respective legislation or precedents.But the system still has some problems.Not only did it fail to address public health problems in countries lacking pharmaceutical capacity,it also failed to establish international practices.The drug patent link is the continuation of the exception of Bolar,which is balanced by linking the generic drug listing application and patent right and protecting the data originality.The TRIPS agreement has made some stipulations on restricting the monopoly right of medicine patent.Some foreign countries have found some countermeasures for this.In 2001,WTO adopted the doha declaration on TRIPS and public health,which established the basic principle of private rights giving way to public health.India is further developing generic drugs,and the us profit market is gradually shifting from the WTO to free trade agreements.The global reform of medical patent has posed a new challenge to China's medical patent protection system.This paper aims to make some contributions to the development of Chinese medical patents and public health through the analysis and research of the above contents.In this paper,a total of five parts,the first part discusses the reasons of medicine patent restrictive protection,pharmaceutical patent restrictive protection has experienced a certain process,international and the world is also gradually set up to protect patent system of medicine,based on different national conditions and position,however,the international and foreign countries on the issue of pharmaceutical patent restrictive protection setting rules for use of the huge differences,this also caused the pharmaceutical patent of global change.The second part analyzes the existing problems and development of the restrictive protection of medical patents and points out the implementation of TRIPS convention and the problems of the existing system.It also points out the interest imbalance between drug patent protection and generic drugs and the dispute on the definition of patent restrictive protection of public health.The third part analyzes the related legislation of medical patent in some foreign countries in order to provide some help for our country.The fourth part,based on the above analysis,puts forward some thoughts and Suggestions on the restrictive protection system of Chinese medicine patent from four aspects.