The Implementation Of Compulsory License Of Pharmaceutical Patent In China

With the acceleration of globalization and the progress of The Times,the huge population flow around the world has brought about a rapid increase in international exchanges,including economic,political,cultural and other aspects.Although the impact of globalization has greatly contributed to the development of all countries,it cannot be ignored that the huge population movements have caused the rapid spread of various infectious diseases,such as the extremely severe covid-19 outbreak that began in late 2019.The importance of improving access to medicines to address the critical drug shortage faced by a large number of patients with infectious diseases and other diseases is a major public health problem in the world at present,especially in developing countries.Pharmaceutical patents have a profound impact on drug access,as increasingly stringent intellectual property protection makes high patent prices a major barrier to access.As an exception to patent protection,compulsory patent licensing system can improve the accessibility of drugs in terms of price and quantity of supply,and is an effective way to solve public health problems.The legal system of compulsory pharmaceutical patent licensing has been basically completed in China,but it is still in a state of zero implementation so far.Therefore,based on the international and domestic development process of pharmaceutical patent licensing,this paper first explores the dilemma of its implementation in China.By comparing China's current legal documents including pharmaceutical patent licensing with the relevant provisions of Trips agreement,it is found that the main reasons for the current implementation dilemma are the scattered and overlapping contents,the vague legal terms and the defects in the legislative logic in China's current legislation.At the same time,the system is difficult to implement due to the cumbersome implementation procedures,the unclear effective time of the system and the excessively broad scope of judicial review.Therefore,the system needs to be adjusted.In addition,due to the polarized position of the international community towards the system and the fact that China is still a developing country,the pressure from the United States and other powerful countries is also an important reason for China's cautious attitude towards the implementation of the system.Secondly,this paper USES comparative analysis to sort out the implementation of representative or similar developed and developing countries,and summarizes their important experience and enlightenment on China's implementation path.Finally,in combination with the current difficulties in the implementation of the system in China and the experience of foreign countries,this paper believes that the current system can be improved from several aspects,such as the appropriate modification of the content of the legislation,the clarification of the compensation standard for compulsory pharmaceutical patent license and the simplification of application procedures.At the same time,the external environment of compulsory pharmaceutical patent licensing should be guaranteed by improving the legal liability of pharmaceutical enterprises and international cooperation mechanism.