The Study On The Improvement Of China’s Pharmaceutical Patent Compulsory Licensing System

Nowadays,AIDS and other infectious diseases have spread all over the world with the frequent cross-regional flow of population and commodity.However,high price drugs have become unaffordable to poor patients.The pharmaceutical patent compulsory licensing system in TRIPS agreement gives member states the legislation freedom in dealing with public health crisis;therefore,the system has become an important means of protecting public interest and preventing patent right abuse.Pharmaceutical patent compulsory licensing system is stipulated in China’s patent law,the implementation details of patent law,and implementation measures for patent compulsory licensing,but unfortunately it has never been implemented in real life.What’s the deficiency in implementing China’s pharmaceutical patent compulsory licensing system and how can we improve it? The author went on research bearing this question in mind.There are four parts for analyzing the pharmaceutical patent licensing system in this thesis.The first part introduces pharmaceutical compulsory licensing system and its justification.The second part introduces China’s overall public health,the stipulation and failed implementation of China’s pharmaceutical patent compulsory licensing system.The third part introduces the pharmaceutical patent compulsory licensing system under the WTO framework,analyzing the elastic stipulation in international law,and also comparatively researched the stipulation of some foreign countries who have successfully implemented the system.The fourth part gives suggestions of improvement of China’s pharmaceutical drug patent compulsory licensing system basing on the elastic stipulation of international law and the stipulations of foreign countries,with the hope of facilitating the implementation of the system in China.