Dissertation > Excellent graduate degree dissertation topics show

Study permit system under the new mandatory drug patent patent law

Author: ZhangDong
Tutor: DuanKuang
School: Fudan University
Course: Legal
Keywords: Compulsory license TRIPS agreement Medicine Patents Public health
CLC: D923.42
Type: Master's thesis
Year: 2009
Downloads: 498
Quote: 10
Read: Download Dissertation

Abstract


The issue of Compulsory license system of medicine patents is worldwide and is the key point of Chinese patent law. In respect of frequent public health crisis, the system of medicine compulsory license is playing an important role in balancing the property right and public health right, public right and private right, which can reduce the price of medicine and relax the crisis of public health. It has the practical and social significance to investigate the system of medicine compulsory license.The protection of medicine patent in China is later than the other countries. Nowadays, it didn’t have been put into effect practically, even it had been stipulated in patent law. The 2002 edition Chinese Patent Law has stipulated the system of medicine compulsory license to keep pace with the regulations of TRIPS, but there are some disadvantages in this edition. The 2009 edition Chinese Patent Law adds many regulations on the system of medicine compulsory license, which will take effect in October this year. This edition patent law rules that the public health crisis could be one of the reasons of taking medicine compulsory license, however, many disadvantages still exist.This paper analyzes the system of medicine compulsory license by comparing the systems between developed countries and developing countries. One hand, this system is helpful to relax the crisis of public health in short term; on the other hand, it may be bad for the medicine creation and social benefit in the long term.The writer revealed the different standpoints of developed countries and developing countries in the issue of medicine compulsory license. The writer believed that, China as a developing country shall focus on the system of medicine compulsory license, and expand the possibility of taking medicine compulsory license just for deterrence reason to protect the public health; at the same, taking the medicine compulsory license shall be in case by case and avoid the system being abused by ruling the strict legal procedure.On the basis of mentioned above, the paper provided the legal suggestion of improving and perfecting the present system of medicine compulsory license in China, to avoid the system being abused.

Related Dissertations

  1. Customs Protection of Intellectual Property in China and improve the system,D923.4
  2. Trips Agreement and the Transfer of Climate Friendly Technology to Developing Countries,D997.1
  3. Intellectual Property Abuse and Legal Regulation,D923.4
  4. A Study on Compulsory License System in Copyright Law,D923.41
  5. Criminal law protection of intellectual property trade,D924.3
  6. Intellectual Property Protection in China-US trade,D997.1
  7. Coupling Degree Analysis of Intensity of Intellectual Property Protection and Innovation Capability of Anhui Province under the TRIPS,F127;F224
  8. Yili township construction of public health research,R197.1
  9. Countermeasures of Intellectual Property in China in the Context of TRIPS Agreement,D923.4
  10. Restriction on Intellectual Property Rights in International Trade,D997.1
  11. Compulsory licensing on drugs can influence,D923.42
  12. Pollution Characteristics and Potential Hazards of Atmospheric Particulate in Nanchang City,X513
  13. The Study of Community Health Service Organization and Its Management Based on Hub-and-spoke Network,R197.1
  14. Study on Equalization of Public Service in the Context of Integration of Urban Rural Area,F123
  15. Research on the Equalization of Essential Public Health Services from the Perspective of Balancing Urban and Rural Development,R197.1
  16. Study on the Applicablicability of Non-violation Complaints in Dispute Settlement Mechanism of WTO,D996.1
  17. View of the TRIPs Agreement Legal Protection of Trade Secrets Comparative Study,D997.1
  18. Protection of Pharmaceutical IP by TRIPS Agreement and China’s Policy Options,D997.1
  19. British leased Weihai Public Health Management Research,K29
  20. Changping District Public Health Service Strategies,R197.1
  21. Sudden Public Health Crisis Health Education Research,R193

CLC: > Political, legal > Legal > Chinese law > China and France > Intellectual property rights > Patent law
© 2012 www.DissertationTopic.Net  Mobile