By Wang Huaiyu, Department of Techno-Economic Research,the DRC

Research Report No 177, 2013

Abstract:

There is an unprecedented opportunity for China's pharmaceutical technology to catch up with the rest of the world. However, due to historical and systemic reasons, the innovations of pharmaceutical technology are highly dependent on the patent system which is unable to fully reflect the features and demands of pharmaceutical innovations.

The patent system does not reflect the innovations in traditional Chinese medicine, fails to offer enough stimuli for the quality of generic drugs to be improved and to help them reach the general public. In addition, the scope of patentability  concerning biologics does not match the real situation,and it is thus necessary to adjust the patent system in four major ways, with the aim of promoting pharmaceutical innovation.

First, experts should explore how to use the patent linkage system for reference, taking national conditions into consideration; second, while considering international experience, China should adopt the benefit sharing system as early as possible; third, experts should modify the patent terms and scope for different drugs, taking into consideration the characteristics of innovations; and, fourth, the country should strengthen coordination and cooperation between the intellectual property office and other industrial departments so as to enable the patent system to match industrial development.