Study On Compulsory Licensing System Of Drug Patents In China Under Major Public Health Emergencies

At the end of 2019,a "major public health emergency"-COVID-19 occurred in China and abroad,seriously threatening global public health.The original intention of the establishment of compulsory drug patent license is to balance the public health right and patent right.China is relatively perfect in the theoretical construction of the system.However,due to the lack of operability,the system is still in the "zero" implementation status.The health rights and interests are related to the vital interests of the people and serve as a healthy foundation for the well-being of the people’s livelihood.Starting from the origin of the drug patent compulsory licensing system,this paper excavates the theoretical value of the system,compares the practical experience of the implementation of the procedure between foreign developing countries and developed countries,combines the shortcomings of China’s system,absorbs the beneficial experience of foreign countries,and improves it from two angles: perfecting the system and the system implementation system.In the system,the scope of application subjects,application procedures and royalty standards are refined to make the system more operable;The system implementation system is constructed from the following two perspectives.In terms of the improvement of relevant supporting systems,it combines the strong license of drug patents with the negotiation mechanism of medical insurance,optimizes the natural license system and the follow-up supervision and management mechanism for the implementation of the system,so as to provide guarantee for the "last mile" of the implementation of the system;In terms of optimizing the implementation environment,in addition to improving the independent R & D capacity of pharmaceutical enterprises and increasing R & D capital investment,it is also necessary to maintain a pragmatic attitude towards the pharmaceutical patent system and be vigilant that in order to cater to the international situation,it ignores the maintenance of public health interests and deviates from the original intention of the establishment of the system.In order to better respond to major public health emergencies such as the COVID-19,it is necessary to improve the drug patent licensing system to play its important role in alleviating the high drug prices,improving drug accessibility and balancing public health and patent rights.Through this study,further clarify the positioning and specific implementation procedures of the system,in order to promote the implementation of the system in China faster and better protect public health and safety.