An Analysis Of Overseas Purchasing Generic Drug Cases

At present,overseas purchasing drugs,as part of a significant share in China’s pharmaceutical market,have obvious advantages and disadvantages.Overseas purchasing drugs have a positive effect on ordinary patients in terms of efficacy and price.However,it is undeniable that the proliferation of overseas purchasing drugs has impacted the domestic regular pharmaceutical market and pharmaceutical patent protection,which has serio usly shaken the original research drug Status.Therefore,the management and development of overseas purchasing medicines has become a key topic worthy of study in academia.Through the research and analysis of typical overseas purchasing generic drug samp le cases,combined with the current status of overseas purchasing drug behavior,the following conclusions can be drawn : first,administrative law and criminal law for identity qualitative definition cannot treat as the same.As the last line of defense to protect the rights of the people,criminal law must be independent,and the boundary between it and other department law should be clear and not confused.If the criminal law is reduced to the tool law,some behaviors that do not need to be regulated by t he criminal law will be punished,which will lead to the tendency of "excessive criminalization".Therefore,for generic drug qualitative if want to production,selling counterfeit drugs crime of counterfeit drugs as charges are from qualitative to conform to the principle of criminal law.Second,the nature of sales behavior should consider whether it is a paid service and whether it is for profit.In addition to the sales behavior,there are buyers’ group purchase behavior and intermediary behavior can be qualitative to the sample case.After the new revised the pharmaceutical administration law,will be listed overseas legal drugs without permission not to qualitative,fake drugs for this class of drug cases,criminal law while not in production,sales,c rime of counterfeit drugs,but also on the regulation,from the constitutive requirements and severity can consider to constitute the crime of illegal business and crime of smuggling ordinary goods or articles.Third,in the case of multiple conflicts of l egal interest,the principle of value rank ranking should be adopted to protect it.Therefore,when order and freedom are in conflict,the main freedom of legal interest protected by law should be used as the evaluation standard.In other words,generic dr ugs should not be regarded as crimes when they have curative effects and no harmful results.Finally,some ideas are put forward to balance the treatment of drug patent system and public health,which can be considered from the protection of patent rights,the encouragement of innovative research and development,the rational use of generic drugs and the relaxation of compulsory licensing restrictions.