Research On Compulsory Licensing System Of Drug Patents For Public Health Crisis

The compulsory drug patent license system is a form of restriction and restriction on the patent system,which avoids the difficulty of citizens to take drugs under the public health crisis due to the absoluteness of the patent holder’s right control.Influenced by the COVID-18 epidemic last year,the compulsory drug patent licensing system has attracted unprecedented attention in China.Currently,there have been the emergence of drugs that have therapeutic effect on COVID-18,such as Remdesivir.Therefore,the implementation of this system is expected.The compulsory drug patent licensing system is one of the effective systems to improve the accessibility of drugs.The system itself has an immediate effect on solving the problem of drug accessibility in public health crisis,and can quickly improve the accessibility and affordability of drugs.It can compulsively grant drug patent license to pharmaceutical enterprises,which not only solves the problems of drug production and supply,but also makes drug prices controlled within the affordable range of citizens through the drug procurement list.Taking the history as a guide,the emergence and development of the epidemic has its historical inevitability,so we should pay more attention to the prevention and control of public health crises.The compulsory drug patent licensing system is one of the institutional means to quickly obtain drugs,and it can play an irreplaceable role in the suppression of the epidemic.The research methods of this paper are literature research,comparative method,interdisciplinary research method and induction and summary method.Through the above research methods,the main ideas of this paper are summarized,that is,to explore the deficiency of China’s compulsory drug patent licensing system and put forward corresponding countermeasures in order to deal with the public health crisis.This paper draws on TRIPS Agreement and relevant experience of other countries to make reasonable suggestions.One is to put forward the appropriate relaxation of China’s restrictive provisions in the system application stage.The second is to emphasize that the system should be well prepared to deal with public health crisis.To fill the previous legislative gaps,reduce the possibility of damage to the rights and interests of the patentee in the implementation stage due to the fuzzy compensation standard,unclear patent use period and lack of compensation mechanism for the patentee.The third is to emphasize that the patentee should actively cooperate with the implementation of the safeguard system to rapidly control the spread of the epidemic,and to put forward specific compensation standards and provide civil guarantees in combination with the economic theory and the actual economic situation of our country,so as to quickly solve the rights disputes and protect the rights and interests of the patentee in a more comprehensive way.Finally,it emphasized that the system may be encountered in the implementation process of institutional conflicts,corporate resistance and international trade sanctions and other difficulties to prepare for the establishment of immunity,incentive mechanism and negotiation mechanism,through the optimization of the implementation of the environment to promote the resolution of public health crisis.