On The Compulsory License System Of Drug Patent

Access to medicines is the key to ensuring rational treatment of diseases,and how to improve access to medicines is an important challenge in development.Patent right is the right to apply for and monopolize,while drug patent is an important means to maintain the long-term development trend and operation of enterprises.Compulsory patent license is a special case of patent authorization,whose purpose is to prevent the right holder from abusing the patent right and to balance the interests of the right holder and the collective.In the doha declaration,the import and export trade bodies made it clear that members of the import and export trade bodies were entitled to compulsory licensing of drug patents,and that developing and underdeveloped countries had improved access to drugs,inter alia,through political and illegal means.The doha declaration also highlights the urgency of drug patenting in the face of public health crises such as AIDS,malaria,tuberculosis and other infectious diseases.The current situation of AIDS treatment in China is not optimistic,the supply of first-and second-line antiviral drugs is also difficult.China is actively developing,upgrading and selling anti-aids drug products.In addition,the implementation of compulsory drug patent licensing in China at the present stage is also a link to improve the acquisition rate of generic drugs,but there are still many difficulties in the whole implementation process.This paper makes a scientific research and analysis on the international treaties,Chinese laws and regulations and the implementation of compulsory drug patent licensing system in China,as well as the improvement of compulsory drug patent licensing system in China.First of all,the patent system is part of the structure of the market economy.The state grants patent rights through laws and regulations to protect the author’s personal income.But while channelling the public interest,compulsory licenses in the patent system have emerged and developed.In this paper,the origin,development history and application scope of compulsory license system of patent right are reviewed and sorted out based on references and legal works.Secondly,for the prevention and control of emerging infectious diseases such as AIDS,tuberculosis and viral hepatitis,the situation is grim.Based on the current situation of relevant laws and compulsory and compulsory drug licensing systems,combined with the actual cases,this paper analyzes and discusses the deficiencies in the regulations and actual operations of this situation.Thirdly,due to the international trade frictions and other difficulties,all countries are cautious about the compulsory licensing of drug patents.This paper compares,analyzes and draws on the working experience of developing countries and developed countries in different mindsets and compulsory licensing in emergency situations or collective interests.In the end of this paper,the author makes an in-depth discussion on how China,as a developing country,can improve the compulsory drug patent license in terms of legislation and system,and puts forward some Suggestions on how to further improve the application,operation and supervision of compulsory drug patent license.By referring to classic cases and working experience,this paper analyzes the practical significance of compulsory drug patent licensing in improving the availability of drugs in China,and clearly puts forward that China can improve laws and regulations in many aspects,so as to prevent more serious public health crisis caused by legal problems in the future.