Research On Compulsory License System Of Drug Patent In China

The research and Discussion on the compulsory license system of drug patents always occupy a place in the subject of intellectual property rights.With the public health issues gradually becoming a global hotspot,the international community has gradually reached a consensus on the system as a powerful means to balance the conflict between the drug patent right and the public health right.Developing countries can rely on the compulsory license system of drug patents to improve domestic medicine Innovation level and production level,improve the domestic drug accessibility and drug affordability,so as to maximize the protection of citizens'health.Because the implementation of the compulsory license system of drug patents will have a positive social impact,can overcome the disadvantages of the patent protection system itself,and help to promote the balance of interest conflicts naturally formed in the patent system.It is an important mechanism to help the country obtain low-cost patent drugs and ease the domestic public health crisis.Therefore,in-depth study of drug patent compulsory licensing system will have a very far-reaching positive impact on the health of our citizens and social development.China's drug patent compulsory licensing system has been developing in legislation,which has laid a theoretical foundation for specific practice,but the reality is that the system is still in an awkward situation of "zero implementation".With the aggravation of the public health crisis in China,the public expects to play a long-term role through the implementation of compulsory licensing to solve the health problems.Therefore,it is urgent to explore the implementation of the global drug patent compulsory licensing system and learn from the excellent practice of foreign countries so as to alleviate the unique contradictions of high drug price and weak system in China's public health problems.In the first part of this paper,the author mainly talks about the concept of compulsory licensing system of drug patents and various conflicts of interest under the system,as well as the different value choices made by different countries due to different levels of development in the face of such conflicts.This part focuses on the contradiction between drug patent and public health right,and between drug innovation and public health.Based on the analysis of the causes of innovation incentive mechanism of drug patent system,this part explores the implementation rationality and significance of drug patent compulsory licensing system on the premise of citizen health right.Because the implementation of the compulsory license system of drug patents will have different effects in different countries,different countries take different operational attitudes towards it.As a developing country,China should see the legitimacy and rationality of the system,give full play to the positive role of the system in developing countries' public health and drug innovation and development,improve the system defects,and break through the system in our country The dilemma of "zero implementation" in China.The second part of this paper analyzes the implementation of the system from the aspects of international regulation and experience of compulsory licensing of drug patents.The international regulation of compulsory licensing of drug patents is mainly reflected in the constantly developing and improving international treaties.The implementation right of the system benefits from the agreement on trade related intellectual property rights(hereinafter referred to as TRIPS Agreement)for the first time,it has made provisions on whether WTO member countries can have the right to implement compulsory licensing of drug patents.The Doha Declaration is a further development of the system,which makes clear that when serious public health problems occur in member countries,it can be alleviated by implementing the system.These international treaties are the blueprint of the domestic legislation of each member country,and the domestic legislation of each country on the compulsory licensing system of drug patents is the same way.As the international treaties continue to improve the legislation of compulsory licensing system,and the reasons for its initiation are gradually relaxed,many countries have carried out practical activities on the system.Although different countries have different implementation purposes,to some extent,they have solved the serious public health crisis in China.However,in the specific implementation,the practices of developed countries and developing countries are not the same,which will bring about multiple problems Based on the experience,the United States,Canada,Taiwan and other developed countries or regions have the deterrent effect of multi-purpose drug patents to protect public health,while India,Brazil,Thailand and other developing countries are more prominent due to the conflict between patent rights and public health rights,so they should deal with the growing public health crisis through direct implementation.The third part of this paper is mainly based on the analysis and experience of the above content,on the premise of fully analyzing its shortcomings,to lay a solid foundation for the specific implementation of the compulsory licensing system of drug patents in China,and to put forward suggestions on improving the compulsory licensing system of drug patents in legislation and implementation.There are many obstacles in the implementation of China's system,and the conflicts of interest and environmental obstacles coexist.In the face of the private rights and public health rights of the patentee,it is important to protect the interests of the patentee,but also to prevent the abuse of patent rights so as to avoid damaging the public interests.In order to promote the implementation of the system,the pharmaceutical industry should also make value orientation,improve the ability of drug innovation and research,and establish a sound medical security system.To sum up,this paper starts from the concept of compulsory license system of drug patent and the conflict of interest behind it,analyzes and studies its own defects and puts forward suggestions to improve it,so as to make the system more practical on the basis of solid theory under the background of China's national conditions,promote the innovation of medicine and resolve the public health crisis.