Author(s)

Xiaoqing Ma ¹

Affiliation(s)

¹ School of Law, Northwest Minzu University, Lanzhou, 730030, Gansu, China

Corresponding Author

Xiaoqing Ma

ABSTRACT

With the outbreak of the COVID-19 pandemic, facing a serious public health crisis, the conflict between public health rights and private rights in pharmaceutical patents has become increasingly acute. The compulsory patent licensing system seeks a balance between these two. When faced with a choice between pharmaceutical patent rights and public health, the public's right to health should be prioritized. Establishing and improving the compulsory patent licensing system for pharmaceuticals is an important means of effectively addressing the public health crisis. Compulsory patent licensing in China is currently at zero implementation. This article discusses relevant domestic and international pharmaceutical patent compulsory licensing regulations, draws upon the legislation and implementation status of China, and proposes suggestions for improving China's compulsory patent licensing system for pharmaceuticals.

KEYWORDS

Pharmaceutical Patents, Compulsory Patent Licensing, Public Health, TRIPS Agreement

CITE THIS PAPER

Xiaoqing Ma, An Analysis of China's Compulsory Licensing System for Pharmaceutical Patents. Journal of Sociology and Ethnology (2025) Vol. 7: 33-38. DOI: http://dx.doi.org/10.23977/jsoce.2025.070404.

REFERENCES

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