Some thoughts on compulsory licensing of pharmaceutical patents in emergency situations
10.12206/j.issn.2097-2024.202309047
- VernacularTitle:应急状态下药品专利强制许可的几点思考
- Author:
Yonghe FEI
1
;
Lijun CUI
1
;
Jing CHEN
1
Author Information
1. School of Pharmacy, Naval Medical University, Shanghai 200433, China.
- Keywords:
patent compulsory licensing;
emergency;
medicine
- From:
Journal of Pharmaceutical Practice and Service
2024;42(7):310-314
- CountryChina
- Language:Chinese
-
Abstract:
Objective To explore the conditions for compulsory licensing of pharmaceutical patents and the steps for implementing compulsory licensing of pharmaceutical patents. Methods The current situation and problem of compulsory licensing of pharmaceutical patents in China were analyzed by collecting the relevant laws and regulations in China, United States, India, and the World Trade Organization. The feasible practices of compulsory licensing of pharmaceutical patents among the other countries and organizations were compared. Results China needs to improve the system of compulsory licensing of pharmaceutical patents, clarify the implementation details, strengthen policy guidance, and encourage cooperation between government and enterprises to ensure the smooth implementation in emergency situations. Conclusion Compulsory licensing system and implementation rules in China for pharmaceutical patents should be supplemented and improved by absorbing the useful provisions of international organizations and relevant countries, so as to achieve the pharmaceutical supply in emergency situations and meet the needs of public health.
