Asian Journal Of Social Pharmacy

Abstract: 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.

Key words: compulsory license, public interest, public health, data acquisition