The Analects of Compulsory License System of Drugs Patent
|School||Southwest University of Political Science|
|Keywords||Drugs Patent protection Compulsory licensing Public Health The balance of interests|
Drug patents compulsory license system and public health security is closely related, is not just a simple economic problem, but also a complex international economic, legal and even political issues. The performance of the special nature of intellectual property rights in the pharmaceutical, States have different domestic legislation, historical and cultural, and economic backgrounds, different countries between pharmaceutical intellectual property topics broadened. Pharmaceuticals involving human health, and the right to health is a basic human rights, drug patents compulsory licensing system to adapt to the needs of the public policy and the private nature of the patent is not top can not take precedence over public policy. Countries in the political, economic, and cultural differences significantly, trying to limit the legal system of patent protection on pharmaceuticals and narrow the gap between patent protection in the TRIPs agreement, breaking the long-term interests and possible social short-term losses, countries are not the same the balance between private rights and the public interest. In economic globalization, the global coordination of national laws is necessary, even the TRIPs agreement of patents is a the worldwide minimum of protection, it still is not perfect, the need for further coordination and correction the text of the law, laws, resolutions and regulations, does not eliminate the discrepancy or conflict between countries with different level of development. In this paper, by the introduction, the second to the sixth chapter and epilogue. The introductory part of the motivation of the writing of this article and research methods introduced; Chapter 2 try the Exploration patent system and patent the origin of the system of compulsory licensing, including the rise of the patent monopoly, the origin of the system of compulsory patent license, patent compulsory licensing system connotation three parts; Chapter from the perspective of the public interest, the law and economics perspective, the empirical point of view, as well as other aspects of further analysis of the rationality and legitimacy of the system of compulsory licensing of drug patents; Chapter system of compulsory licensing of drug patents development and status quo, since China's Patent Law was enacted in 1984, has experienced in 1992, 2000, 2008, three revisions, compulsory licensing also made corresponding adjustments and supplements, but also shortcomings; first five chapters of some other countries (including developed, developing and least developed countries and regions) drug patents compulsory license system and legislative practice to do a comparison and examination, and expect to get a useful reference and inspiration; Chapter 6 analyzes the further improve the significance of China's pharmaceutical patent system, further improve the principle of China's drug patent system, as well as China's drug patent system to further improve a few suggestions; epilogue, expect China's drug patent system, a more delightful.