Defects and Improvement: Analysis and Comparison of the Compulsory License on the Pharmaceutical Products in China and Developed Countries-from the view of TRIPS

摘要

The establishment of compulsory licensing on patented medicine limits the right of patent holder in order to resolve public health problem. The purpose of the system is to strive for the balance between the interests of patentees and public health. The author tries to reflect and reconsider the articles, effectiveness and relate legislation defects of "Patent Law of The People's Republic of China", "Implementing Regulations of The Patent Law of the People's Republic of China" and "Measures for Compulsory License on Patent Implementation concerning Public Health Problems". Furthermore, the author also point out the position China should take in the WTO negotiations on compulsory Licensing, on the basis of the comparativeness on the relate articles about the compulsory licensing on patented medicine in the TRIPS.