Realization of Public Interest under Compulsory Licensing System of Drug Patents in China

The Compulsory Licensing System of Drug Patents is a global issue. As far as China's specific situation is concerned, although there are relevant provisions in the legislation, mostly principled expression which makes the specific operations an overhead state in practice. As far as the system itself is concerned, its purpose is to better balance the conflict between public health rights and the private interest of pharmaceutical companies. The conflict is essentially a game between the public rights and private rights of intellectual property. Dealing with the interaction between public rights and private rights is a dynamic equilibrium process. How to deal with the process of dynamic balance is the key to this paper. On the one hand, this paper clarifies the current dilemma of the compulsory licensing system of drug patents through the review of China's relevant judicial practice; on the other hand, it reflects on the status quo of China's legislation through the introduction of the relevant provisions of other countries. Hence, the discussion of the above two aspects is very close to the analysis of the legal value of the system itself, which is manifested in two levels: humanistic care value and value for social fair development. In order to achieve the above values, it is necessary to balance the conflict between public health and private interest. Specifically, which is mainly reflected by the “reasonable” expression in the patent compulsory license provisions. The realization of the public interest depends on the diversification of Compulsory Licensing System of Drug Patents and the prudent use of these systems