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Legal issues of drug patents compulsory license

Author: YaoZuo
Tutor: ZhangJie;WangQiang
School: Tianjin Normal University
Course: Legal
Keywords: Drug patents Compulsory patent license Global public health crisis
CLC: D997.1
Type: Master's thesis
Year: 2011
Downloads: 61
Quote: 0
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Abstract


The latter half of the 20th century, along with the the massive free flow of the world's population, as well as science and technology, the environment, the economy and many other reasons, infectious diseases began to spread around the world. As we all know, the majority of developing countries and developed countries, the absence of a sound public health measures, and high drug prices so that it can not obtain the drugs from the outside, so the lack of basic medicines to some extent, triggered a global health crisis. Drug patent compulsory licensing system is to solve the public health crisis core - Drug popularity worldwide. Therefore, in the current environment to explore the legal issues in the system of compulsory licensing of drug patents \This thesis, expounded the theory and case level \promotion provides useful ideas. The introductory section briefly describes the background of this research, international and domestic public health facing drug prices are too high and the plight of the lack of generic drugs, and the case leads to drug patent compulsory licensing of legal issues in the promotion of its dispute point. The first chapter begins with the outstanding problems in the compulsory licensing of drug patents. Briefly describes the need for compulsory licensing of drug patents, as well as problems in the drug patents compulsory licensing standards and procedures. Chapter II first exploration of the jurisprudence illustrates the need for compulsory licensing of drug patents is the protection of basic human rights and the protection of the social and public interests, and to refute the drug patent compulsory licensing hinder the point of view of the anti-monopoly law. A detailed analysis of the subsequent compulsory licensing of drug patents standards and binding international treaty, clearly the current flexible standard is not conducive to start compulsory licensing of drug patents issued and derived drugs should be clarified compulsory licensing standards, international be viable in play to maximize the value of compulsory licensing, patent holder uses while preventing all possibility of abuse of rights. After the paper for the legality of pharmaceutical compulsory licensing procedures carried out in-depth analysis. Chapter implement Compulsory Licensing \the relevant provisions of the Act. I suggest that future legislative trends in China should make full use of the autonomy of the TRIPs Agreement, to protect our country's social and public interests. The fourth chapter is the conclusion. Clear the system of compulsory licensing of drug patents is critical for developing countries and developed countries to address the global health crisis and to seek an advantage in the international drugs trade.

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CLC: > Political, legal > Legal > International law > Private international law > International Civil
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