Comparative Study On Compulsory Licensing System Of Drug Patent From The Perspective Of Public Health

In recent years,diseases such as influenza A and AIDS have been raging around the world.In January 2020,the COVID-19 epidemic broke out,and public health issues once again became the focus of global public attention.The public’s demand for drugs is high,and the price of many drugs is high,so the public’s demand for drugs cannot be met.In practice,some countries have successfully implemented the compulsory drug patent licensing system,which has solved the problem of domestic drug shortage.These successful cases prove that the compulsory patent licensing system is effective in alleviating the public health crisis and improving the accessibility of medicines.The international community has gradually reached a consensus on the system as a powerful means to balance the conflict between drug patents and the right to public health.At present,China’s patent law has relevant provisions on the compulsory drug patent license system,but since the establishment of the compulsory drug patent license system,China has not yet implemented the compulsory drug patent license system.There are still many problems in China’s compulsory drug patent license system,such as the narrow scope of the application subject,the unclear issue of compulsory license,the lack of uniform standard for patent royalty,and the cumbersome implementation procedures.Whether the implementation of compulsory licensing of pharmaceutical patents will inhibit pharmaceutical innovation,whether the quality of generic drugs meets standards and whether it will lead to unnecessary international trade frictions are all factors to be considered.In China shall,through the comparison and analysis of the implementation of other representative countries,draw lessons from foreign advanced experience of implementing the system,perfect our country’s drug patent compulsory license system,for our country by using this system to maintain public health and put forward feasible Suggestions,in order to facilitate a serious public health crisis in the future can be smooth implementation.