On The Compulsory Patent Licensing System For Drug In China

The topic of this dissertation is about compulsory patent licensing system.The compulsory drug patent licensing system is an important part of the patent protection system,which plays an important role in protecting public health,improving drug accessibility and preventing abusing power.However,we need to aware that frequent application is bad for development of the pharmaceutical industry and even infringing patent.So it is important to balance the value of public health and patent protection.The compulsory drug patent licensing has been established in China for many years,but it is hardly carried out in China.This article is meant to propose recommendations for our country's compulsory drug patent licensing system,basing on compulsory drug patent licensing' legal requirements and learning from other countries.This article is formed by four parts.Development of legal system of compulsory drug patent licensing will be discussed in the first part,and we can apply it with five reasons,such as nonperformance,anti-monopoly,state of emergency,public health and dependent patents.Unfortunately,compulsory licensing has never been initiated in the mainland all these years.So the problem of compulsory patent licensing will be discussed in the second part.The avoidance of unnecessary international trade frictions,unscientific legislative model,reasons for application,program rigid and unclear compensation criteria contribute to this station.To full use of the legal system,we can benefit from other countries' practice.International regulations and other countries' experience will be discussed in the next part.The last part is to some suggestions for the improvement of compulsory drug patent licensing.We should sustain being cautious to establish a complete and standardized legal system.And it is necessary to make full use of the flexible provisions of international law to formulate a compulsory drug patents licensing that suits China's national conditions.