Study On Compulsory License System Of Vaccine Patent

The 12 th WTO Ministerial Conference adopted a decision on IPR exemption for COVID-19 vaccines,which grants maximum flexibility to eligible developing countries and authorizes special compulsory licensing of COVID-19 vaccine related patents in developing countries and less developed regions.China should fulfill its promise to waive the application of the exemption decision,make full use of the current compulsory patent licensing rules,give consideration to domestic rule of law and foreign rule of law,and establish a sound system of public health related intellectual property rights.In order to maintain and balance the relationship between public health and the current patent legislation,and protect the vaccine needs of people in developing countries and less developed areas of the world,on this basis,combined with the current national conditions,analyze the legal environment and specific implementation of the compulsory license system of vaccine patent.We should further clarify the applicable conditions and scope of our compulsory vaccine patent licensing system.Moderately relax the access conditions of applicants for the compulsory vaccine licensing system;To establish and improve the supervision and compensation system for vaccine patent compulsory license and damage relief;On the basis of TRIPS Agreement,we will further improve the compulsory licensing system of vaccine patent.At the same time,we should strengthen the compulsory licensing system network of vaccine patent by referring to foreign practice and emergency use authorization system.We will accelerate the establishment of a vaccine patent system in line with China’s national conditions,establish a vaccine intellectual property protection system with Chinese characteristics,encourage enterprises to make R&D and innovation,promote the development of new drugs,improve clinical research standards,and protect the privacy of clinical trial data.At the same time,international cooperation should be actively carried out to enhance the global capacity to respond to various infectious diseases and reduce trade barriers and aid restrictions.The establishment of public health and security system has further improved the pattern of international trade in vaccines.The intellectual property related system in the Patent Law can better provide protection for public health during the regular epidemic prevention and control.