The Commercialization of Pharmaceutical Patents in China
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The Commercialization of Pharmaceutical Patents in China

James Hou

Presenting detailed analysis of the industrialization of pharmaceutical patents in China, this timely book explores a range of related topics including a comparison of the ideal and existing state of the pharmaceutical market and patent industrialization. It argues that the core purpose of the industrialization of pharmaceutical patents is to promote the development of the local pharmaceutical industry whilst also protecting society’s right to safe and effective medication.
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Chapter 3: Comparison of Chinese and American legal systems on pharmaceutical patents

James Hou

Abstract

This chapter focuses on the legal aspect and introduction of China's patent system but also with comparison of U.S. Patent Law and related regulations. China's patent system can be divided into three parts: patent system, drug registration system and related policies. Drug registration system affects the drug marketing and the monopoly rights of drug companies, and influences the drug marketing and industrialization together with the patent system. About related policies in China, under the socialist rule of law framework with Chinese characteristics, governmental policies are of great relevance. Additionally, United States should be the first country emphasize the importance of patents and even write it into the Constitution. It provides that “to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” Thus, it’s great to deeply prospect for different features of pharmaceutical patent system between two countries.

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