Research On Drug Patent Link System

Medicines can prevent and treat diseases and affect the national economy and the people’s livelihood.As the country’s training of medical talents has increased,China’s medical technology has improved,and people pay more attention to health and wellness.In the past,it was difficult to see a doctor,the basic medical facilities and the level were backward.Nowadays,there are more and more top three hospitals and pharmaceutical factories,and the expensive medicine has become a new focus.Medicine is a key industry supported by each country.Due to its special industrial attributes,the pharmaceutical industry has a wider range of drug patent protection,from screening active chemicals to research and development methods,and finally to drug packaging.High R&D expenses raise the market price of drugs,and the high drug prices have hindered the realization of the national right to health.Before the expiration of the patent period,other companies are considered to be infringing on the research,development,application and registration of generic drugs.Only after the patent patent expires can they apply for registration,which results in the registration of generic drugs for a period of time after the patent drug expires.In the disguise of extending the patent right time,Bolar exceptionally resolved this contradiction.Before the expiration of the deadline for drug patents,other pharmaceutical companies did not constitute infringement in order to provide drug administrative review and borrow relevant patent information.How to balance the interests between pharmaceutical companies and public health rights,how to learn from the United States and Canada’s drug patent link system,to create a drug patent link system belonging to China’s mainland has become a top priority.The main body of the article is divided into five parts.The first part is the introduction of the article.Starting from the case of Huasheng Company v.Lilly’s patent infringement case,analyzing the patent ownership of the original drug and generic drug in the case,this paper raises the problem of this article,how to balance the interests between the original drug and the generic drug,the drug patent The link system is a good institutional choice.The second chapter clarifies the two sets of related concepts of the drug patent link system.What is the drug patent link system? At the same time,the connotation of the original drug and generic drug is explained;the legitimacy of establishing the drug patent link system in China is summarized.The third chapter mainly introduces the practice of the extraterritorial drug patent link system,and supports the drug patent link system of the United States 1984 "Hatch Waxman" Act and Canada’s 1993 "pharmaceutical patent link management measures" as an example,based on the international summary drug patent link system Background and main content.The fourth chapter analyzes the status quo and shortcomings of China’s drug patent link system.China’s current intellectual property legal system is relatively perfect,but China’s drug patent link system is still in its infancy,there is no systematic system design,and the scattered regulations are not conducive to the system.Implementation and application,and there are many problems in China’s drug patent link system to be resolved.The fifth chapter points out the shortcomings of China’s drug patent link system,and puts forward specific suggestions for improving the system,including the specific provisions of setting up the patent disclosure system;whether to stop the registration of the registration of generic drugs;to increase the supervision of generic drug production and to simplify imitation Pharmaceutical approval procedures;finally,the duration of the data protection period and the two-year rule in the Bolar exception are challenged.At present,China’s "Patent Law" has undergone four major reforms.Under the background of the "Patent Law" reform,it is imperative to put forward specific suggestions for the establishment of a drug patent link system in China.