Research On Compulsory License System Of Drug Patent

In recent years,the world's major infectious diseases are increasingly prominent,and the demand for drugs is increasing.However,in order to protect the originality of the patentee of drugs and encourage its invention and creation,drugs are protected by patents,and the price is generally on the high side,resulting in increasingly fierce conflicts between the right to life and health and the patent rights of drugs.At this time,drug patent compulsory licensing system is particularly important.On the basis of analyzing the necessity of compulsory license of drug patent,this paper analyzes the condition,procedure,compensation and guarantee of drug patent and puts forward some Suggestions.Firstly,this paper analyzes the necessity of compulsory drug patent licensing system in China.To study the advantages and disadvantages of compulsory license system of drug patent,it is necessary to implement compulsory license system of drug patent in China from the perspective of legal interest rank that public health right is higher than drug patent.Next,it constructs the compulsory license system of drug patent from the system level.Secondly,it discusses the conditions and procedures of compulsory license system for drug patent.In China,the application subject matter is relatively narrow,so it is necessary to expand the application subject matter and add the provision of subsistence.China's application subject is too strict,we should remove the restrictions on the application subject in the legislation,and increase the possibility of being allowed;The examination and approval process in our country is complicated and the examination and approval time is long.Third,discuss the provisions of compulsory license compensation for drug patents.For the compensation standard,the compensation standard of our country should give the reasonable compensation according to the case;As for the factors to be considered in compensation,China can learn from India's four considerations,namely,the natureof the patent,the cost paid by the patentee,the reasonable profit of the licensee and the price of the patented product that the public can afford.The calculation method of compensation may refer to the fixed proportion method.Finally,the protection system of compulsory license of drug patent is discussed.Put forward the situation that the compulsory license of drug patent after the loss of protection,and then put forward the economic and technical safeguard measures;In addition,the remedy method is relatively single,which can add administrative relief on the basis of judicial relief only,so as to provide a more comprehensive guarantee for the parties concerned.On the basis of analyzing the necessity of research and development of compulsory license system of drug patent,this paper discusses how to develop and perfect the system from the aspects of condition and procedure,compensation and guarantee system.