Research On The Perfection Of Compulsory Licensing System For Medicine Patents In China

In recent years,public health problems such as COVID-19 have been on the rise in various countries,seriously affecting the health of people around the world.However,the high cost of medicines is the biggest obstacle to accessing treatment for poor patients in all countries,especially in developing countries where a large number of patients with infectious diseases and serious chronic illnesses face shortages of critical medicines due to high prices.In response to this problem,most countries have succeeded in reducing the price and increasing the accessibility of medicines through the direct implementation of compulsory licensing of medicines,thereby effectively alleviating the public health crisis.The importance of a compulsory licensing system for pharmaceutical patents is therefore self-evident.China’s legislature also attaches great importance to the compulsory licensing system for medicines,and it has amended the Patent Law several times since its promulgation,but there has not been a single case of successful implementation of compulsory licensing for medicines in China.This paper therefore examines the reasons for the lack of pergormance in China through the study of the crucial licensing system for pharmaceutical patents.It promotes the performance of the system through the improvement of the legislation.The paper is divided into four parts.The first part provides an overview of the meaning and characteristics of the compulsory licensing system for pharmaceutical patents and further discusses the value of the system.It then explains the necessity of implementing the compulsory licensing system for pharmaceuticals.In the second part,the legislation of China’s compulsory licensing system for pharmaceutical patents is introduced.Through the analysis of relevant laws and regulations,and according to the actual situation in China,the legislative defects of the current compulsory licensing system for pharmaceutical patents in China are put forward.In the third part,the evolution and development of the compulsory licensing system for pharmaceutical patents is explained in detail through the study of the relevant international conventions.After that,the legislation and implementation of compulsory licensing of pharmaceutical patents in developed and developing countries are taken as a starting point to summarise the relevant experience and compare it with the relevant domestic regulations,and summarise the inspiration of foreign experience to the compulsory licensing system of pharmaceutical patents in China.In the fourth part,the problems of China’s patent compulsory licensing system are addressed,and corresponding suggestions for improvement are put forward,so as to improve the operability of the system and promote its smooth implementation in China.It is hoped that this will provide some reference for future epidemic control and future healthcare work.