Research Of Compulsory Patent Licensing System In China

The current global public health situation is grim.Countries in the world,especially developing countries and least developed countries,due to the backwardness of economic development and health protection,communicable diseases such as AIDS,bird flu,and tuberculosis have seriously endangered the health and safety of nationals.Drugs that have a therapeutic effect on these diseases have become one of the important means of protecting public health.However,medicines are different from other products because of their particularity in terms of research and development,preservation,and personal health protection.The practice of implementing the patent system for medicines is actually a "double-edged sword".On the one hand,it can bring medicine companies economic benefits,thereby encouraging pharmaceutical innovation;on the other hand,excessive drug prices and drug monopolies caused by monopolistic private rights brought by drug patent rights cannot be ignored.The necessity of implementing a drug patent compulsory license system is raised at this time,it became obvious that it has become an important system as an effective means to prevent abuse of power,especially in terms of public health’s access to medicines and drug price control.At present,the compulsory drug licensing system has become a reason for issuing compulsory licenses in the public interest independently of the abuse of patent rights.This article takes the compulsory licensing system for pharmaceutical patents in China as the main object of the study,and analyzes the problems and reasons in the legal construction and practical implementation of China’s drug patent compulsory license system.It is planned to discuss the difficulties and solutions of the compulsory license system for pharmaceutical patents in China from four parts,and the general contents are as follows:The first part is a basic overview of China’s compulsory drug patent licensing system.First,it combs the process of the concept and development of the compulsory drug patent licensing system,and introduced several types of compulsory drug patent licensing system.Secondly,it expatiates the function of drug patent compulsory license system and the goals it needs to achieve.Finally,the system configuration is introduced in four aspects: the applicable conditions,scope,objects,and procedures of the compulsory licensing system for pharmaceutical patents.The first chapter gives a systematic introduction to the compulsory licensing system for pharmaceutical patents,laying the foundation for the following content.The second part explores the problems existing in China’s compulsory licensing system for pharmaceutical patents and the reasons why they cannot be implemented.First,it analyzes the legislation and implementation status of China’s compulsory drug patent licensing system.To review the relevant provisions made in China on the legislation of the compulsory licensing system for pharmaceutical patents,and sorted out the cases of compulsory licensing for the implementation of pharmaceuticals "Duffy" in mainland and Taiwan,briefly describes the attempts of domestic enterprises to implement compulsory drug patent licenses.Secondly,The status of compulsory drug patent licensing system in China,which shows that there are currently problems in the compulsory license system for pharmaceutical patents in China.Not only are the applicants’ qualifications and reasons too restrictive,but the content is scattered and the effectiveness levels are uneven.At the same time,the lack of legislative issues such as defects in supervision and relief mechanisms has led to the lack of operability of related regulations.There are also implementation problems such as the implementation of the global trade friction obstacle system and the low production capacity of pharmaceutical companies.The status of zero implementation of compulsory drug patent licenses in China.The third part is the investigation of the main international treaties and the compulsory licensing system of extraterritorial drug patents and the experience of other countries.The first section describes the main international treaties of the compulsory licensing system for pharmaceutical patents.Sections 2 to 4 divide the development level of each country into two categories: developed and developing countries.and selected more representative countries,on the basis of analyzing the existing problems in China’s compulsory licensing system for pharmaceutical patents,analyze the implementation attitudes and typical successful cases of compulsory licensing of foreign pharmaceutical patents,and draw experience from them for reference.The first is the compulsory licensing system for pharmaceutical patents in developed countries.Taking the United States and the European Union as examples,it analyzes the relatively prudent implementation of the compulsory licensing system for pharmaceutical patents in developed regions.The second is the compulsory licensing system for pharmaceutical patents in developing countries.Taking India and Brazil as examples,it analyzes the more positive attitudes to the implementation of compulsory licensing of pharmaceutical patents in less developed regions.Finally,the compulsory licensing system of pharmaceutical patents in developed and developing countries is compared and compared,and their experiences are used to better improve the compulsory licensing system of pharmaceutical patents in China.The fourth part is related suggestions to improve China’s compulsory drug patent licensing system,and puts forward suggestions from the aspects of the establishment of the compulsory drug patent licensing system,system legislation,and implementation.First of all,according to the first part of the configuration of the compulsory license system for pharmaceutical patents in China,corresponding suggestions are made from four aspects: the applicable conditions,scope,objects and procedures of the compulsory license system for pharmaceuticals,Constructing a compulsory licensing system for pharmaceutical patents that is more suitable for China’s development situation through the joint improvement of the above issues.Secondly,through the establishment of a more comprehensive supervision mechanism,the quality of drugs produced by licensees under compulsory drug patent licenses is guaranteed,and the legal rights and interests of drug patentees are protected through damage compensation mechanisms.At the same time,with due consideration of various factors,a more reasonable compulsory license fee standard for pharmaceutical patents should be formulated to balance the interests of the public and patentees.Finally,internationally,actively carry out international cooperation on compulsory licensing of pharmaceutical patents,and create a good international implementation environment.On the domestic front,continuously improve the independent innovation and production capacity of pharmaceutical companies to achieve high-quality production and redevelopment of patented drugs.Laying the foundation for the implementation of compulsory drug patent licensing.