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Research on Compulsory License System of Pharmaceutical Patents under TRIPS Agreement

Author: MaJi
Tutor: NaLi
School: Jilin University
Course: International Law
Keywords: Compulsory licensing Public Health TRIPS Agreement
CLC: D997.1
Type: Master's thesis
Year: 2010
Downloads: 162
Quote: 1
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Abstract


The system of compulsory licensing of drug patents on a hot issue , the introduction of a series of resolutions reflect the concern and attention of the international community on this issue . Compulsory patent license , also known as non-voluntary license , specifically refers to the patent authorities in a country , under certain conditions , according to the third party licensing book , allows the use of the third party without the consent of the patentee by patent protection technologies, including production , sales , import patented products . At the same time , the compulsory license users usually want to patentee to pay certain compensation system . Introduction of the patent compulsory licensing system as the starting point , introduced the concept of compulsory patent license , characteristics and type , a review of its historical process , summarize the system of compulsory licensing of drug patents on drug development and pharmaceutical and subsequent analysis of Article 31 of the TRIPS Agreement , the content and impact of the Doha Declaration , \Fully based on learning from international experience , analysis of public health status and related legislation, put forward some suggestions of China's system of compulsory licensing of drug patents .

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