Objective To study the types and acquisition paths of drug data in the administrative act of compulsory licensing of pharmaceutical patents so as to provide data support for the implementation of compulsory licensing ...Objective To study the types and acquisition paths of drug data in the administrative act of compulsory licensing of pharmaceutical patents so as to provide data support for the implementation of compulsory licensing of pharmaceutical patents from the perspective of public interest-public health in China.Methods Situation of compulsory licensing of pharmaceutical patents in the context of public interest-public health in China was selected,combined with international conventions and the principle provisions of relevant laws,and cases of compulsory licensing of pharmaceutical patents in foreign countries were reviewed to extract drug-related data of compulsory licensing of pharmaceutical patents.Results and Conclusion According to the analysis of China’s compulsory licensing of pharmaceutical patents theory and legal provisions,the data could be divided into five categories for compulsory licensing of pharmaceutical patents in China:diseases,drugs,patents,generic drug enterprises,and licensing fees.Although,some data are traceable.There were also problems in obtaining data or inconsistent standards in five levels of compulsory licensing of pharmaceutical patents in the context of public interest-public health.It was not conducive to the implementation of compulsory licensing of pharmaceutical patents in China.Thus,it should be further established a unified data support system at the national level,specifying the standard of licensing fee,implementing relevant laws and regulations.展开更多
As an incentive to innovation, intellectual property （IP） should be protected by law. However, as it is a key factor in market competition, it should also be subject to competition law. In most jurisdictions, restri...As an incentive to innovation, intellectual property （IP） should be protected by law. However, as it is a key factor in market competition, it should also be subject to competition law. In most jurisdictions, restriction of competition related to IP rights is not a black and white question, and such rights are challenged only when the IP owners hold market power and when protection of their fights has a serious and unreasonable effect on competition. In assessing IP-related restriction of competition, we need to analyze several elements： we have to define the relevant markets, identify the parties concerned, determine their market share, assess the anti-competitive effects of the controls, etc.. China＇s existing legislation is not adequate to solve problems arising from IP-related restriction of competition. Nevertheless, the process of China＇s legislation on this issue shows clearly that the misuse of IP rights for the purpose of excluding or significantly restricting competition is not justifiable under competition law.展开更多
Copyright and its international complications have presented a significant barrier to the Universal Digital Library （UDL）＇s mission to digitize all the published works of mankind and make them available throughout ...Copyright and its international complications have presented a significant barrier to the Universal Digital Library （UDL）＇s mission to digitize all the published works of mankind and make them available throughout the world. We discuss the effect of existing copyright treaties and various proposals, such as compulsory licensing and the public lending fight that would allow access to copyrighted works without requiring permission of their owners. We argue that these schemes are ineffective for purposes of the UDL. Instead, making use of the international consensus that copyright does not protect facts, information or processes, we propose to scan works digitally to extract their intellectual content, and then generate by machine synthetic works that capture this content, and then translate the generated works automatically into multiple languages and distribute them free of copyright restriction.展开更多
It is common for teachers to use others'copyrighted works for the purpose of teaching.The current copyright law in many nations only exempts educational use in the context of offline classroom teaching.The use of ...It is common for teachers to use others'copyrighted works for the purpose of teaching.The current copyright law in many nations only exempts educational use in the context of offline classroom teaching.The use of others’copyrighted material in online teaching may still constitute copyright infringement.To protect teachers from the chilling effect of copyright infringement,to safeguard the public's freedom to obtain knowledge,and to ensure the commensurability of the profits and responsibilities of online teaching platforms,this paper proposes a levy scheme for online teaching.Under the levy scheme,teachers are free to use others’published work for the purpose of online teaching,provided that such use does not conflict with a normal exploitation of the work and does not unreasonably prejudice the legitimate interest of the copyright owner.Online teaching platforms should remunerate the copyright owner of the work used in the platform according to the number of participants of the course that uses such work.展开更多
文摘Objective To study the types and acquisition paths of drug data in the administrative act of compulsory licensing of pharmaceutical patents so as to provide data support for the implementation of compulsory licensing of pharmaceutical patents from the perspective of public interest-public health in China.Methods Situation of compulsory licensing of pharmaceutical patents in the context of public interest-public health in China was selected,combined with international conventions and the principle provisions of relevant laws,and cases of compulsory licensing of pharmaceutical patents in foreign countries were reviewed to extract drug-related data of compulsory licensing of pharmaceutical patents.Results and Conclusion According to the analysis of China’s compulsory licensing of pharmaceutical patents theory and legal provisions,the data could be divided into five categories for compulsory licensing of pharmaceutical patents in China:diseases,drugs,patents,generic drug enterprises,and licensing fees.Although,some data are traceable.There were also problems in obtaining data or inconsistent standards in five levels of compulsory licensing of pharmaceutical patents in the context of public interest-public health.It was not conducive to the implementation of compulsory licensing of pharmaceutical patents in China.Thus,it should be further established a unified data support system at the national level,specifying the standard of licensing fee,implementing relevant laws and regulations.
基金This article forms part of the 2006 national major project of the Ministry of Justice on the rule of law and judicial theory,"Market Economy and Anti-monopoly Law:From the Perspective of Intellectual Property"(06SFB 1015).
文摘As an incentive to innovation, intellectual property （IP） should be protected by law. However, as it is a key factor in market competition, it should also be subject to competition law. In most jurisdictions, restriction of competition related to IP rights is not a black and white question, and such rights are challenged only when the IP owners hold market power and when protection of their fights has a serious and unreasonable effect on competition. In assessing IP-related restriction of competition, we need to analyze several elements： we have to define the relevant markets, identify the parties concerned, determine their market share, assess the anti-competitive effects of the controls, etc.. China＇s existing legislation is not adequate to solve problems arising from IP-related restriction of competition. Nevertheless, the process of China＇s legislation on this issue shows clearly that the misuse of IP rights for the purpose of excluding or significantly restricting competition is not justifiable under competition law.
文摘Copyright and its international complications have presented a significant barrier to the Universal Digital Library （UDL）＇s mission to digitize all the published works of mankind and make them available throughout the world. We discuss the effect of existing copyright treaties and various proposals, such as compulsory licensing and the public lending fight that would allow access to copyrighted works without requiring permission of their owners. We argue that these schemes are ineffective for purposes of the UDL. Instead, making use of the international consensus that copyright does not protect facts, information or processes, we propose to scan works digitally to extract their intellectual content, and then generate by machine synthetic works that capture this content, and then translate the generated works automatically into multiple languages and distribute them free of copyright restriction.
基金This work was supported by Guangdong Planning Office of Philosophy and Social Sciences 2020(project no.GD20YFX05).
文摘It is common for teachers to use others'copyrighted works for the purpose of teaching.The current copyright law in many nations only exempts educational use in the context of offline classroom teaching.The use of others’copyrighted material in online teaching may still constitute copyright infringement.To protect teachers from the chilling effect of copyright infringement,to safeguard the public's freedom to obtain knowledge,and to ensure the commensurability of the profits and responsibilities of online teaching platforms,this paper proposes a levy scheme for online teaching.Under the levy scheme,teachers are free to use others’published work for the purpose of online teaching,provided that such use does not conflict with a normal exploitation of the work and does not unreasonably prejudice the legitimate interest of the copyright owner.Online teaching platforms should remunerate the copyright owner of the work used in the platform according to the number of participants of the course that uses such work.
