Research On The Compulsory License System Of Drug Patent Under The Demand Of Public Health In China

At present,China’s drug licensing system is still in the state of zero license.The legal system of the compulsory licensing of pharmaceutical patents is still in a state of zero implementation even though there is a corresponding legal system in my country.The research basis of this article is mainly the development and implementation of the pharmaceutical patent compulsory licensing system in my country and internationally.Through the analysis of the system of foreign developed countries and developing countries,it reflects on the implementation dilemma of the pharmaceutical patent compulsory licensing system in my country’ s public health environment.Combining my country’s current pharmaceutical patent compulsory licensing system from the perspective of public health and related legislative documents such as international conventions,it is found that there are many problems in my country’s pharmaceutical patent compulsory licensing system,such as poor operability when applicable;unclear compensation mechanisms,etc..At the practical level,there are problems such as excessively high requirements for applicants and complicated application procedures.The above problems have led to the fact that the system has been established in our country,but it is still in a state of zero implementation.In addition,due to differences in the public health environment and national conditions of various countries in the world,there is also a polarizing attitude towards this system.Combined with the current basic public health situation in my country’s and developing countries,pressure from powerful developed countries such as the United States is also one of the reasons why it is difficult for my country to put this system into practice.The article uses comparative analysis to sort out representative foreign countries and developed and developing countries with similar national conditions to summarize experience,hoping to bring important enlightenment to my country.In addition,combined with the summarized extraterritorial experience and the current domestic implementation difficulties of the system,the author believes that the compulsory licensing of pharmaceutical patents in my country can be improved from the legislative and practical levels.At the same time,it should also actively participate in the formulation of international rules and insist on drug imitation and the combination of innovation and the establishment of technical protection measures for the compulsory licensing of pharmaceutical patents provide protection for the external environment for the implementation of compulsory pharmaceutical patent licensing.The author hopes that through the relevant research in this article,we will make efforts to protect the public health of Chinese citizens,so that the system can get higher attention in China.In order that when the public crisis of COVID-19 and other similar high infectious epidemic erupted in China,it can effectively solve the crisis through the implementation of the drug patent compulsory licensing system and resolve the drug accessibility of the people under the demand for public health.At the same time,the system is used to improve the environment of China’s pharmaceutical industry and stimulate the overall level of China’ s drug research and innovation.The first chapter mainly introduces the research purpose of this paper,the development level of the research at home and abroad,the research methods and the advantages and disadvantages of this paper.The next chapter mainly introduces the concepts,development history and international conventions related to the compulsory patent license of drugs,as well as the related issues related to the acquisition of drugs.The third chapter mainly through the analysis of the relevant cases of foreign countries,summarize the experience of foreign countries and get enlightenment.The fourth chapter mainly introduces the current development status of China’ s compulsory drug patent licensing system,the environment of public health and the current situation of drug accessibility under the demand of public health in China.By analyzing the above status quo and the current development status of China’ s pharmaceutical industry,the dilemma of China’ s compulsory drug patent licensing system is explored.The fifth chapter mainly analyzes the difficulties faced by my country’ s drug patent compulsory licensing system,and puts forward suggestions for improvement at the legislative level and practical level.And by actively participating in the formulation of international rules,insisting on the combination of drug imitation and innovation,and establishing technical protection measures for compulsory licensing of drug patents,the external environment of the system is improved and further protection is provided.The epilogue is the end of the article.