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Research on the Compulsory License System for Pharmaceuticals Patents

Author: FuXiaoJuan
Tutor: LiuYaJun
School: Jilin University
Course: International Law
Keywords: Drug Patents Compulsory licensing Public Health
CLC: D997.1
Type: Master's thesis
Year: 2010
Downloads: 232
Quote: 2
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Abstract


In recent years, public health crisis has become a serious problem facing the world . International trading system under the protection of pharmaceutical patents lead to high drug prices , drug and sexual problems may be widespread in the world , but also exacerbated the public health crisis. In exploring improve access to medicines , ways to address public health crisis in the process, pharmaceutical patent compulsory licensing has been one of the key issues and hot spots . With the \drug prices , and promote the public health crisis resolved. But drug patent compulsory licensing system in practice still faces many challenges. Compulsory licensing in developing countries faces from internal and external difficulties and pressures. Therefore, how to overcome these difficulties and resistance , so that a reasonable and effective application of the system is still a question worth exploring . In this paper, empirical research, historical research , comparative studies and other research methods , the system of compulsory licensing of pharmaceutical patents rationality discrimination on the basis of patent medicines through compulsory licensing regime for international legislation and national practice visits from international legislation, national practice of compulsory licensing resistance and favorable conditions for the implementation of four perspectives on the development prospects of the system to make predictions , and on this basis, combined with China facing public health crisis, and Chinese pharmaceutical patent compulsory licensing legislation evolution and current situation , explore the implementation of China's pharmaceutical the possibility of compulsory patent licensing , the last from two angles legislative and government make appropriate recommendations to the rational use of medicines in favor Chinese patent compulsory licensing .

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