Kaiyue Zhou

Kaiyue Zhou

31 Oct. 2022

Compulsory license system, Drug patents, Public health.

In the wake of the COVID-19 epidemic, in order to solve the public health problems faced by the countries, it is urgent to improve China's compulsory license system for drug patents. By exploring the development of China's compulsory license system for drug patents and the practical experience of other countries, this paper analyzes the problems existing in China in this regard and puts forward some reasonable suggestions. Through case analysis, literature analysis and comparative analysis, the author obtains the reasons for the "zero implementation" of China's current drug patent compulsory license system and gives appropriate countermeasures. Under the current challenge of global public health security, there are contradictions between intellectual property rights and citizens' right to health, China needs to exercise the independent decision-making power conferred by relevant international treaties, reform the rigid starting mechanism of compulsory licensing of drug patents, and improve relevant laws based on protecting the legitimate rights and interests of patentees.

© 2022, the Authors. Published by ISCCAC

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