Research On The Compulsory License System Of Pharmaceutical Patent In My Country

China’s patent law has been implemented for more than 30 years,and the patent compulsory license system has been revised for three times,with two implementation measures.However,compared with the frequency and experience of compulsory licensing in other developed and developing countries,even the least developed countries,there is no case in China.Although China has established the mechanism of compulsory patent license,it has not been implemented yet.However,it is of great significance to discuss how China’s compulsory drug patent licensing mechanism should be implemented.The reasons are as follows.First,the third amendment of China’s patent law contains provisions on compulsory drug patent licensing.Second,in recent years,the world health organization and other non-profit organizations have made new programs and progress in promoting drug access.How to coordinate the plans and actions of these international organizations with China’s mechanisms is not only in line with the world trend,but also can get twice the result with half the effort.This paper intends to analyze the special intellectual property of drugs in the city with the research method of legal discipline,and expects to put forward Suggestions for the protection of intellectual property and public interest with the research content of drug patent compulsory license.The purpose of this study is to explore the knowledge of compulsory drug patent licensing system which is related to national health and industrial development.The research results of the drug patent compulsory license system are helpful to the perfection of the intellectual property system design.Mastering the compulsory drug patent licensing system is helpful to enhance China’s international status.The drug patent compulsory licensing system is now regulated in Article 50 of the Patent Law of China,and its development has gone through different stages.The object of the drug patent compulsory licensing system is the drug,and its elements include the content of the applicant,the scope of application,the application conditions,and the after-the-fact protection,as well as procedural provisions.The compulsory licensing system for pharmaceutical patents was created to protect citizens’ right to life and health.The central idea is the priority of public rights and human rights.The compulsory licensing system is a viable institutional choicewhen the monopoly of drug patents conflicts with the public’s right to life.China’s drug patent compulsory licensing system has been modified and improved,but there are still problems in the scope of the application subject is not clear,the definition of the application object is not clear,the operation procedures are cumbersome and complicated,the conditions for compulsory licensing are vague,and the safeguard measures for the patentee are missing.The suggestions put forward are:clarifying the main body of compulsory license for pharmaceutical patents,clarifying the object of compulsory license for drug patents,adjusting and simplifying the compulsory licensing procedures,explaining the conditions for the initiation of the regulations,and improving the patent protection system for compulsory license drugs.