Defects and Improvement: Analysis and Comparison of the Compulsory License on the Pharmaceutical Products in China and Developed Countries-from the view of TRIPS
The establishment of compulsory licensing on patented medicine limits the right of patent holder in order to resolve public health problem. The purpose of the system is to strive for the balance between the interests of patentees and public health. The author tries to reflect and reconsider the articles, effectiveness and relate legislation defects of Patent Law of The Peoples Republic of China, Implementing Regulations of The Patent Law of the Peoples Republic of China and Measures for Compulsory License on Patent Implementation concerning Public Health Problems. Furthermore, the author also point out the position China should take in the WTO negotiations on compulsory Licensing, on the basis of the comparativeness on the relate articles about the compulsory licensing on patented medicine in the TRIPS.
TRIPS Agreement Compulsory License Medicine Patent Public Health.
Jiejing Yao Hui Peng
Intellectual Property Institute Tongji University Shanghai, P.R.China Fudan University Shanghai, P.R.China
国际会议
2007 Conference on Systems Science, Management Science and System Dynamics(第二届系统科学、管理科学与系统动力学国际会议)
上海
英文
2641-2648
2007-10-19（万方平台首次上网日期，不代表论文的发表时间）