Thought on the Duration of China’s Pharmaceutical Patent Protection
Panel
Panel 10: An International Perspective
Moderator
Mark Christiansen, Associate Clinical Professor, University of the Pacific, Physician Assistant Program
Description
The duration of pharmaceutical patent is related with national welfare and the interest of different parties. In the whole chain, the aim of national policy, the benefit of pharmaceutical manufacturers and the happiness of people’s livelihood have been put into consideration for equilibrium. Among different positions, national policy represents the comprehensive consideration among people’s demand, the blueprint of pharmaceutical manufacturers and national development at a country level. However, the pharmaceutical manufacturers especially those who develop original drugs represent the party with exclusive right while people represents human right. Currently, Chinese government has made the pharmaceutical an unprecedented height, which would be related with the duration of pharmaceutical patent. At the same time, the future tendency of the policy on the duration of pharmaceutical patent has also been a focus in China’s society.
The paper is centered around the duration of the pharmaceutical patent owned by the pharmaceutical manufacturers who develop original drugs. Through the latest details in policy, the paper has provided the insight into the laws and administrative regulations and how Chinese policy protect the social welfare in terms of the protection of the duration of the pharmaceutical patent. At the same time, the research has been provided in the paper about the effect of the two-echelon pharmaceutical patent to the extension of the one-echelon pharmaceutical patent. The paper has provided the analysis on the possible trends in policy in the future about the two-echelon medicine and its effect to the duration of the one-echelon pharmaceutical patent, as well as the cost and benefit of this trend to social welfare and patentees.
Location
Pacific McGeorge School of Law, Lecture Hall, 3200 Fifth Ave., Sacramento, CA
Thought on the Duration of China’s Pharmaceutical Patent Protection
Pacific McGeorge School of Law, Lecture Hall, 3200 Fifth Ave., Sacramento, CA
The duration of pharmaceutical patent is related with national welfare and the interest of different parties. In the whole chain, the aim of national policy, the benefit of pharmaceutical manufacturers and the happiness of people’s livelihood have been put into consideration for equilibrium. Among different positions, national policy represents the comprehensive consideration among people’s demand, the blueprint of pharmaceutical manufacturers and national development at a country level. However, the pharmaceutical manufacturers especially those who develop original drugs represent the party with exclusive right while people represents human right. Currently, Chinese government has made the pharmaceutical an unprecedented height, which would be related with the duration of pharmaceutical patent. At the same time, the future tendency of the policy on the duration of pharmaceutical patent has also been a focus in China’s society.
The paper is centered around the duration of the pharmaceutical patent owned by the pharmaceutical manufacturers who develop original drugs. Through the latest details in policy, the paper has provided the insight into the laws and administrative regulations and how Chinese policy protect the social welfare in terms of the protection of the duration of the pharmaceutical patent. At the same time, the research has been provided in the paper about the effect of the two-echelon pharmaceutical patent to the extension of the one-echelon pharmaceutical patent. The paper has provided the analysis on the possible trends in policy in the future about the two-echelon medicine and its effect to the duration of the one-echelon pharmaceutical patent, as well as the cost and benefit of this trend to social welfare and patentees.
