A Comparative Study Of Chinese And Indian Drug Patent Compulsory License System

The patent compulsory licensing system is a balance of interests mechanism in patent law.It restricts the abuse of patent rights by drug patent holders,protects the public interest of the state and society,and promotes social progress.By implementing the compulsory license for pharmaceutical patents,the price of drugs can be lowered,the accessibility of drugs to the public can be solved,and the public health crisis can be alleviated.China has a large population,and the medical and health security system in rural areas and western areas is backward.Some patients cannot be treated because they cannot afford expensive drugs.Due to the strict restrictions on the application subject and the complicated approval procedures in China’s drug patent compulsory licensing system,there has not been a case of successful implementation of compulsory drug patent licensing in China.However,India,which has similar national conditions with China,has been successful in the implementation of compulsory licenses for pharmaceutical patents.Therefore,this paper intends to compare the legislation of China’s drug patent compulsory licensing system with the legislation and practice of the Indian drug patent compulsory licensing system,and explore the reasons why China’s drug patent compulsory licensing system has not been put into practice,and then to China’s drug patents.Suggestions for the improvement of the compulsory licensing system.This article is divided into two parts: abstract and text.The main body is divided into the following four chapters:The first chapter is “Overview of the compulsory licensing system for pharmaceutical patents”.This chapter first introduces the concept and historical evolution of the drug patent compulsory licensing system,and explores the development process of the drug patent compulsory licensing system and the necessity of its existence.Then analyze the theoretical basis of the drug patent compulsory licensing system,the most important of which is the principle of balance of interests.The drug patent compulsory licensing system can solve the public health problem while encouraging drug development and creation,which is in line with the legislative purpose of intellectual property law.Finally,interpret the international conventions such as the Paris Convention and the TRIPs Agreement.The provisions of the domestic law of a country on the compulsory licensing system for pharmaceutical patents mustcomply with the international treaty provisions to which they participate.The second chapter,"Indian Drug Patent Compulsory License System".This chapter details the legislation and judicial practice of the Indian drug patent compulsory licensing system.The Indian Patent Law stipulates that any stakeholder may apply to the Patent Office for a compulsory license for a drug patent,and the application procedure is simple and clear.Under the flexible provisions of the TRIPs Agreement,the Indian drug patent compulsory licensing has taken into account the public health status of the country,which is more specific and more implementable.The experience of the above-mentioned compulsory licensing system for pharmaceutical patents in India has important reference significance for China.The third chapter is "China’s drug patent compulsory licensing system." This chapter reveals the historical evolution and development of China’s drug patent compulsory licensing system,revealing that China’s "Patent Law" on the drug patent compulsory licensing system is contrary to China’s national conditions.From the practical point of view,China’s drug patent compulsory licensing system still has shortcomings.For example,the scope of the application for compulsory licensing of drug patents is too strict,the application and licensing procedures are not clear enough,and the legal reasons do not take into account the public health situation in China.The fourth chapter is "Comparison and Enlightenment of the Compulsory License System for Chinese and Indian Medicines." Based on the previous research,this chapter makes a comparative analysis of the compulsory licensing system for Chinese and Indian drug patents.Under the premise of complying with the TRIPs agreement,China’s drug patent compulsory licensing system can learn from the experience of India,clarify and expand the main body of drug patent compulsory license,refine the implementation of drug patent compulsory license,simplify the application of compulsory drug patent licensing and The approval process optimizes the implementation environment for compulsory licenses for pharmaceutical patents in China.