Die for Survival —— Film Review from the Perspective of Patent Law

Recently, "Survival Can't" has been screened in his circle of friends, winning a high reputation and rating, but it also reflects important social problems. Is it really the patent law that allows large foreign companies to monopolize the market? The author of this paper interprets it from the perspective of patent law. The recent popularity of "Survival Desire" has won a high reputation and ratings, and various film reviews have emerged one after another on the Internet. Some of the comments mentioned the important realistic entry point of the film-the reform of the medical system, and some even mentioned that it was because of the patent law that large foreign companies monopolized the market. In the face of important social problems in reality, is it really the patent law that allows large foreign companies to monopolize the market? In my opinion, the answer is definitely no, and the original legislative intention and intention of the Patent Law are definitely different. Of course, there are many ways to solve the problem in reality. Aside from the design of social medical system, from the perspective of patent law, I personally understand the following points: one of the solutions, which is also the most necessary, is to start with basic research, do research on diseases and research and development of corresponding drugs, and obtain independent intellectual property rights, thus being independent of the external environment. Of course, the method can be cooperative research, and it can also be utilitarianism or communitarianism. It is important to know how to use patents reasonably and legally to protect your own interests in the process; In order to avoid the regret of artemisinin, China not only did original work, but also made patents and benefits blossom at home and abroad. The second solution is to ensure full competition while granting exclusive rights from the perspective of competition, so that competition can adjust the supply and demand of the market, thus reducing the price of drugs. The third solution is to try to analyze it from the perspective of the current patent law. Assuming that the drug has no patent right in China, there is no problem of patent infringement. As for counterfeit drugs, they do not belong to the scope of patent law, so they are not developed here. Assuming that the drugs mentioned in the film really have patent rights, is there only one way to smuggle them? Obviously not, there are many ways, including at least the following: first, according to the second paragraph of Article 48 of the Patent Law, the the State Council Patent Administration Department may grant compulsory license to exploit the invention patent or utility model patent upon the application of a unit or individual with the conditions for implementation; (2) The patentee's act of exercising the patent right is recognized as a monopolistic act according to law, so as to eliminate or reduce the adverse effects of the act on competition. Paragraph 2 of Article 48 of the Patent Law can restrain the monopoly of high-priced drugs and is one of the legal ways to reduce prices. Of course, how to determine whether this is a monopolistic behavior belongs to the scope of the Anti-Unfair Competition Law and other related laws. Moreover, if it is really compulsory, the implementation of compulsory licensing should be mainly to supply the domestic market, and reasonable licensing fees should be paid. Secondly, according to the provisions of Article 49 of the Patent Law, in case of national emergency or extraordinary circumstances, or for the purpose of public interest, the administrative department for patent in the State Council may grant a compulsory license to exploit the patent for invention or utility model. If the influence is wide enough, this article can also help the public. Perhaps Indian companies applied the relevant provisions of the late Indian patent law to help the public, and also helped some people in China in disguise. Of course, these premises will only happen if someone takes the initiative to put forward them. There may be a wide demand in our market, but no relevant individuals, groups or departments can pay attention to these groups to rationally use the system to achieve their goals. If Yong Cheng in the film knew these paths, would he transform from a garment processing factory to a pharmaceutical factory? Maybe he will do it. The personal experience of domestic pharmaceutical level is still relatively backward compared with that of foreign countries, but the general trend of competition has made our system and rules of the game more and more in line with international standards. Since the rules of the game are the same, and the scientific research strength and transformation strength are not yet available, how to guide the public to strive for a reasonable and legal right to exist is also one of the topics we face. Perhaps this kind of movies can inspire a large number of young people to engage in biomedicine. If so, science and technology, the primary productive force, will be stimulated, and we can develop better drugs ourselves. This is the fundamental solution. Through the balance of market competition and patent system, the whole society will finally benefit.