" the patent that involves communal and healthy issue implements compulsory license measure " already bureau Wu conference is discussed through, grant to announce now, apply since January 1, 2006.
Director
Two years on November 29
The patent that involves communal and healthy issue implements compulsory license measure
The first communal and healthy problem that faces to settle our country, help concerned country, area solve the communal and healthy problem that its face, fulfil World Trade Organization to breath out ministerial class conference more " about TRIPS agreement and public health enunciative " (next weighing " breath out more enunciative " ) with total board of World Trade Organization " about carrying out TRIPS agreement and public health breath out more enunciative the 6th paragraph resolution " (next weighing, basis " exclusive law of People's Republic of China " (next weighing " exclusive law " ) , make this way.
This the 2nd method place weighs contagion, it is directive the AIDS that causes communal and healthy problem, tuberculosis, malaria and " law of prevention and cure of contagion of People's Republic of China " other contagion of the regulation.
This method place weighs medicines and chemical reagents, it is to show in medicine the domain is used at cure an any patent products that the first place narrates contagion the product that perhaps makes through patent method, the active ingredient that product place narrates to need before including to make and the diagnosis that product place narrates to need before using reagent.
The 3rd occurrence that prevent in our country or controls epidemic, popular, and remedial contagion, belong to exclusive law the 49th place relates the action for public interest objective.
Contagion causes communal and healthy crisis in the occurrence of our country, popularity, belong to exclusive law the 49th place narrates a country critical condition.
The 4th drug that treats some kind of infection is granted patent in our country, our country has the productivity of this medicines and chemical reagents, it is OK that the State Council concerns director branch basis exclusive law the 49th regulation, bureau of request country intellectual property grants the compulsory license that carries out this patent (next weighing that permit compulsively) .
The 5th drug that treats some kind of infection is granted patent in our country, our country does not have the capacity that produces this drug or productivity is insufficient, the State Council can request bureau of national intellectual property to grant compulsory license about director branch, allow to be used by member of World Trade Organization of permissive person entrance this kinds of drug that the system with total board definite resolution solves communal and healthy problem for our country and makes.
Bureau of intellectual property of the 6th country awards this method the 5th place narrate compulsory license, be permitted person and other any units or the individual does not get the drug that should allow according to compulsively the decision to import to be exported other any countries or area.