China's Pharmaceutical Research And Intellectual Property Protection

Since the opening and reform policy was adopted, China's economy has achieved great outcome,and the pharmaceutical industry of China has leaped forward in both manufacturing capacity and market performances. But the prospect of research and development of pharmaceutical industry is not optimistic. There is a big gap about research and development of pharmaceutical between China and the other countries. China pharmaceutical industry is still based on imitation,, supplemented by cooperation and introduction of technology, self-innovation model is still in its early stages.As a special industry, medical enterprises want to be more and more powerful, they must study the problem of intellectual property. There are many forms of intellectual property protection systems about drug in our country, for example, patent protection, trademark protection, administrative protection of drug, protection system of traditional Chinese medicical products,commercial secret protection and so on.With the advent of the era of knowledge economy and China's join into WTO, the problem of intellectual property rights of drug has become increasingly important to pharmaceutical industry and even to all society. The patent protection is the most important part of intellectual property right of drug, which does not only act as a safeguard and stimulator to drug developmentThe first of this paper introduces the current status of domestic pharmaceutical industry and its R&D status and R&D model, and also introduces the intellectual property about drug in China, and analyzes emphatically the patent system.The second part First introduces the development trend of foreign enterprises using and applying intellectual property strategy and drugs patent protections, and analyzed the current situation of drug patents in the pharmaceutical enterprises in China and get a conclusion:first, compared with some developed nations, our country's drug patents still exist a long distance in quality and face very rigorous international market competition; second, the frame and enforcement of drug patent strategy in the pharmaceutical enterprises exist some problems.The third part put forward the countenneasures of framing and enforcing the drug patent strategy for the pharmaceutical enterprises. The countermeasures mainly include three aspects. First, consummate the medical intellectual property policy system and use the patent policy encouragement to improve patent operation environment. Second, strengthen the internal patent management in the pharmaceutical enterprises, establish the strategic system of drug patent. Third, Enterprises must strengthen the patent information research and use and build the market-led R & D system integration of enterprises.