以从属专利寻求药品强制许可之出路

Dependent patent:a possibility of increasing access to medicine under medicine patents compulsory license system

将TR IPS协议允许颁布强制许可的情形划分为3类,分别就其含义、利弊以及在我国实施的可能性进行讨论。公共利益的强制许可和防止权利滥用的强制许可均暂不适合我国国情,而实施从属专利的强制许可适合我国医药工业的发展状况,应加以重视和利用。

Medicine patents compulsory license system permitted by TRIPS was divided into three types, and their significances, advantages and disadvantages and feasibility basing on the real situation in China were discussed in the paper. The result showed that using the kind of dependent patent compulsory license was a possible way of increasing access to medicine under medicine patents compulsory license system, while the other two kinds were not suitable to solve the public health crises in China.