Research On The Compulsory License System Of Pharmaceutical Patent In My Country

As a worldwide intellectual property research topic,the compulsory license system of drug patent is also one of the focuses in China in recent years.This system is of great significance in balancing the interests of patentees and public interests,and it can also effectively improve the accessibility of Chinese drugs.With the rapid development of global economy,such as the outbreak of large-scale epidemic diseases such as Saras,influenza A(H1N1)and 2019 ncov,the current situation of domestic drug shortage is becoming increasingly serious.In the face of public health crisis,how to solve the current situation of domestic drug shortage has become an urgent problem.Developed countries own most of the patented drugs in the world.In order to protect the interests of their patentees,most of them oppose the compulsory licensing system of drug patents.China,as a developing country with a large population;D capacity and capital investment capacity of drugs and is more inclined to implement the compulsory license system of drug patents.China has initially established relevant laws and regulations on the system.However,due to the late start of the patent industry in China,and the formulation of legal provisions does not combine with China's specific national conditions,but directly invokes the contents of international treaties.In addition,the legislative content of the system is relatively scattered,the compensation standard is vague,and the external implementation environment is not optimized,which leads to the compulsory drug patent in China The licensing system has been in the dilemma of "zero implementation".China should learn from the excellent experience of foreign countries in implementing the system,improve the legislation system of the system,determine compensation standards,optimize the implementation environment and other measures,and strive to improve the compulsory licensing system of drug patents,so as to take the system as an important way to alleviate the high drug price and improve the accessibility of Chinese drugs.