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Pharmaceutical description protection should be linked to the patent period
Release time: 2012-06-11 & nbsp & nbsp & nbsp Source:

Recently, the Supreme People's Court shall be "whether the drug manual in intellectual property copyright is given to judicial protection、Clarify the relevant legal boundaries ",Broadly investigating and consulting opinions on the society,Many experts and legal circles of the pharmaceutical industry also participated in the feedback of the expert opinion。
 
In the industry opinion currently learned,,There are two different opinions: one opinion believes that the pharmaceutical manual also contains the original scientific research My stake betting appstake betting applabor results,It should be given copyright to protect the legitimate rights and interests of the original R & D or enterprise,A manual instructions believe that drug instructions are a unified format document that must be approved by the administrative department,Not an independent creative work of the drafting of the pharmaceutical manual,Should not enjoy copyright。
 
Is it right or wrong?
 
From a consumer perspective,May wish to throw the cause,Look at the fruit first。What will happen if the drug instructions have copyrights? Copyright law clearly states,Works of Natural People,Its rights、The protection period of property rights in copyright is the author's life and 50 years after death。Works of legal person or other organizations、Copyright by a legal person or other organizations,The protection period of property rights in its copyright is 50 years after the first release; practical art works,The protection period of property rights in its copyright is 25 years after the first release。
 
Assume that the pharmaceutical manual has copyright,What will happen? If individuals or enterprises invented a new medicine,and also owns the instructions of this new drug,The individual or enterprise is likely to have an exclusive period that exceeds drug patent rights to continue monopolizing the market management right of this drug。In stake online sports bettingstake sports betting appChina,General medicines are applying for invention patents,China's invention patent protection period is 20 years。and China does not yet have a patent compensation period system。This means that even if the patent right of a new drug expires 20 years later,But the copyright of the drug manual is still,Other companies want to produce generic drugs for the product,but cannot use its instructions。And the imitation drugs are just equivalent to the new drug for creatures,Because the product without a manual is an illegal product,Causes that generic drugs cannot be sold,Then the company can continue to monopolize the market of a new drug product with the copyright of the instructions,Until the copyright expires。
 
The essence of the medicine is to cure disease and save people,The intellectual property rights of the drug are to encourage innovators to obtain the market exclusive to the market,The limited patent period is precisely to allow more people to enjoy the results of innovation at a lower cost。Drugs have passed the patent period,Its responsibilities should be more responsible for the benefit of the public,Instead of continuing to become a cash cow of the pharmaceutical companies to maintain monopoly profits。If you agree that the difficulty of the development of new drugs makes it difficult for the 20 -year patent period to recover stake sports betting appMy stake betting appcosts,So you can sit down to demonstrate the issue of Chinese drug patent compensation period。
 
From this point of view,It is obviously inappropriate to extend the right to keep the new drug with the copyright that might abuse the public interests,Especially in the current stage of China,Many medicines can save most people's lives、But the reach is far from benefiting all the people in the society。
 
At the same time,It is also questionable that it is not protected at all without protection for the drug manual。The intellectual property rights of a new drug are precisely reflected in the security verified by scientific experiments、Effective,New Pharmaceutical Manual summarizes the innovative achievements of the drug inventor,Of course we should respect,But this respect for intellectual property rights should not be given too long protection time limit like cultural works,It should have a natural connection with the patent period。In other words,The new drug has passed the patent period,The majority of people can enjoy a healthier life brought by human innovation achievements,Isn't this the original intention of designing a new drug intellectual property protection system?
 
Of course,Here,We also have to be hungry to those who are still facing with humans、Scientists who fight for basic survival such as diseases and other scientists to pay tribute to the My stake betting appStake Sports Bettingstruggle,They found the answer to help solve the basic problems of human survival with their hard work and wisdom。If someone can selflessly dedicate their research results to all of them to all humans,His noble is more worthy of everyone worship and follow -up。