Some thoughts on compulsory licensing of pharmaceutical patents in emergency situations / 药学实践与服务

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.