| The pharmaceutical industry is a knowledge-based industry,and its continuous development is closely related to the protection of the patent system.From the development of a new drug to the market,it takes a huge amount of cost and time,and it is difficult to develop.Therefore,after the new drug is marketed,if there is no drug patent system to participate in the protection and a reasonable patent monopoly period is not granted,the original research pharmaceutical company will not have enough income to make up for the investment in previous drug research and development,and It will also be detrimental to the research and development of new drugs by enterprises in the future,forming a vicious circle,which eventually led to the stagnation of the pharmaceutical industry.However,if the original pharmaceutical companies are over-protected,the price of medicines will remain high,making it difficult for patients in the society to pay expensive medicines,which will threaten public health.Therefore,it is particularly important to balance the interests between the original research pharmaceutical companies and the generic pharmaceutical companies.By analyzing the problems in China’s drug patent link system and comparing the design of drug patent link system in foreign countries such as the United States and Canada,the author will put forward his own opinions and suggestions on the establishment and improvement of China’s drug patent link system.This article has four aspects,the details are as follows:Chapter one focuses on the system itself of drug patent linkage system.Starting from the background of the drug patent linkage system,the development process of the system is combed.Then,the related concepts and contents of the drug patent link system were defined,and then the legitimacy and necessity of the establishment of China’s drug patent link system were analyzed.The second chapter analyzes and draws on foreign systems.Based on the fact that the United States is the birthplace of the drug patent linkage system,a sound drug patent linkage system was first established,and it also had a profound impact on other countries.The author will focus on the analysis of the content of the US drug patent system,and then study the current status of drug patent protection in various countries in the world,including Canada,the European Union,and Japan,analyze the problems that arise and summarize experiences,and bring inspiration and suggestions for the establishment of a Chinese drug patent link system.The third chapter first analyzes the provisions of China’s laws and regulations on the drug patent link system,mainly reviews and evaluates the patent link clauses in the Patent Law and the Measures for the Administration of Drug Registration,analyzes the principle of its operation,and analyzes drug patents.The various stages of the operation of the link system and its related supporting systems are set out to find out the current deficiencies in law and practice.Chapter four puts forward suggestions for improving China’s drug patent linkage system based on the problems existing in China’s drug patent linkage system and learning from the design of extraterritorial systems.The author believes that we should build on China’s basic national conditions,establish a complete drug patent information registration and publicity system,simplify the application of generic drugs,improve the legislation of the drug patent challenge system,and combine other relevant supporting systems to gradually improve China’s drug patent linkage system. |
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