Research On The Drug Patent Link System

As a kind of special commodity,drugs should not only accept the relevant legal adjustment of patents,but also meet the relevant policy requirements of administrative departments in the process of their listing.Specifically,the listing of drugs should not only meet the requirements of safety,effectiveness and quality control in pharmaceutical sense,but also respect the patent rights of other drugs,and shall not infringe the patent rights of drugs.In the current pharmaceutical field,the listing of generic drugs is far greater than that of original and new drugs.In order to regulate the listing of generic drugs and protect the interests of original and other pharmaceutical companies,the United States took the lead in establishing the drug patent link system,and countries with close trade with it have also established the system.With the revision of the Patent Law,the system has been established.Compared with the United States and other developed countries,the establishment and implementation of the system focuses on the protection of original research and new drugs,while our country should be based on the actual situation,although the theory of system design should be in line with international standards,but the balance of benefits should focus on the encouragement and protection of generic drugs.The design concept of drug patent linkage system is based on the principle of balance,the principle of market economy and the principle of national health,etc.,to encourage the listing of generic drugs while protecting the patent rights of original developed drugs and new drugs from infringement,so as to balance the relationship between the two,such as insufficient drug registration platform,unreasonable waiting period setting,and conflicts under the dual administrative and judicial dispute settlement system.By learning from the strong protection mode of American drug patent link system and the weak protection mode of South Korea,our drug patent link system can learn from the system idea,system design,system identification and risk prevention,system localization,consistency of administrative and judicial action and drug price control.In order to improve the drug patent link system of our country,it should not be appropriate to copy the United States blindly.We should start from our national situation,balance the interests of all parties and protect the public health,properly design control means to reduce or avoid the abuse of research and drug factories,and improve the drug patent link system suitable for our country based on the drug patent link system of the United States and South Korea.Give full play to the drug patent link system.