RÉSUMÉ
The Doha Declaration has entrusted to the members of WHO the right to use the compulsory licensing for drug patents in the face of global public health crises.Although the basic compulsory licensing system for drug patents has been established in China, the efficiency of its implementation is low, the responsibility of its executive departments is unclear, the related rules are not fully understood by pharmaceutical enterprises, it is thus necessary to improve and perfect the relevant legal provisions and systems in order to effectively improve the accessibility of drugs.
RÉSUMÉ
Traditional Chinese medicine (TCM), a treasure o f the Chinese nation, is the intellectual essence of Chinese traditional culture. In the 21st Century, TCM industry is one of the most prospective industry. It is quite important to protect the intellectual property rights of TCM and develop the TCM industry for maintaining the heritage of traditional cultural and defending our position as the TCM original country. This paper summarizes the status quo of the protection and the dilemma facing TCM intellectual property protection, and discusses the effective measures with cultural characteristics for intellectual property rights of TCM.
RÉSUMÉ
Traditional Chinese medicine (Td), a treasure of the Chinese nation, is the intellectual essence of Chinese traditional culture. In the 21st Century, TCM industry is one of the most prospective industry. It is quite important to protect the intellectual property rights of TCM and develop the TCM industry for maintaining the heritage of traditional cultural and defending our position as the TCM original country. This paper summarizes the status quo of the protection and the dilemma facing TCM intellectual property protection, and discusses the effective measures with cultural characteristics for intellectual property rights of TCM.
RÉSUMÉ
OBJECTIVE:To facilitate Chinese pharmaceutical industry's understanding and application of the new "Patent Law".METHODS:The amendment of the "Patent Law" related to 3 aspects of medicine,i.e.specifying regulations on the information disclosure in the utilization of genetic resources,adding the clause of forced permission for the patent drugs for the purpose of public health,and introducing the Bolar exception clause was analyzed using law hermeneutic.RESULTS & CONCLUSIONS:The medicine-related amendment of the new "Patent Law" generally reflects an international tendency of restricting pharmaceutical patents so as to maintain public interests,which is in line with the status quo of low technological level of pharmaceutical industry in China.