Compulsory Licensing System. The Trips System

This article makes a study of compulsory license system of pharmaceutical patents under TRIPs, which has conducted the research and discussion from the following four parts.The first part introduces the outline of the compulsory license, including the definition and brief history of compulsory license. It attaches importance to the relationship between public health crisis and compulsory license of pharmaceutical patents.The second part introduces the structure of compulsory license system of pharmaceutical patents under TRIPs. It analyzes Article 31 of TRIPs Agreement, Declaration, Decision and Amendment to TRIPS Agreement and presents international law on compulsory license of pharmaceutical patents on the whole.. This part focus on the relationship between these documents.The third part analyzes the different situation a member may face when it use compulsory license of pharmaceutical patents under TRIPs. The write tries to find the flexibility and the limitation of the rules in order to make full use of them.The fifth part presents the history and the current situations of compulsory license on the basis of provision in our country. It analyzes some problems in our current law and regulations and gives some solutions and suggestions to better this system.