Research On Compulsory Licensing System Of Drug Patent In China

"Medicine is used to save life",it goes without saying that medicine is of great importance to people and their country.For most developing countries,the high patent fees paid for obtaining drugs are overwhelmed in the face of sudden infectious diseases or diseases difficult to overcome.Without the patent right of drugs,it will be impossible to produce a large scale of patented drugs under legal circumstances.The compulsory licensing system of drug patent is conducive to preventing drug patent holders from abusing their monopoly rights,finding a balance between the patent right of pharmaceutical enterprises and the citizens’ health right,and maintaining social stability.Drug patent compulsory licensing system is still in development,which has not formed a relatively complete system and implementation system,many legal documents scattered in various levels of legal normative documents,such as "The Patent Law","Measures for the Compulsory License of Patent Implementation","Detailed Rules for the Implementation of the Patent Law" and there is no implementation case in our country.With the surge of population and cross-regional population flow in the era of globalization,public health safety has also encountered great tests,and there is still a big gap between China’s drug research and development,production capacity and investment in pharmaceutical industry funds compared with developed countries,and there are prominent drug problems.In the case of conflicts and crises between the two,the establishment of the drug patent compulsory licensing system can avoid the public’s facing the dilemma of high-priced drugs,reduce the price of drugs under reasonable conditions,control and solve drug problems better,and alleviate the public health crisis.Therefore,it is of important social significance to conduct in-depth research and analysis of the compulsory licensing system of drug patents.This article is divided into four parts in addition to the introduction and the conclusion.The first part is to explain the connotation and classification of the compulsory licensing system,discuss the legal basis of drug patent compulsory licensing,and analyze the necessity and feasibility of drug patent compulsory licensing system.The second part analyzes the relevant international treaties,expounds the evolution and development of international treaties related to the drug patent compulsory licensing system,so as to draw the general agreement and consensus on this system.By analyzing the legislation and practice of developed and developing countries,summarize the experience in order to enlighten the analysis and improvement of drug patent licensing system.The third part expounds and analyzes the legislation of Chinese drug patent licensing system,sorts out relevant laws and regulations,compares the practical experience of international treaties and relevant foreign legislation,and points out the deficiencies of Chinese drug patent licensing system.The fourth part,in view of the problems existing in China’s compulsory patent licensing system,learns from international treaties and relevant foreign regulations and the actual situation of China,to suggest perfect advice accordingly and to help the epidemic prevention and control the follow-up guarantee of public health and health undertakings.