1, the significance of compulsory patent licensing lies in checks and balances, that is, sacrificing a small number of people's property rights in exchange for more basic public rights. It has obvious advantages, but its disadvantages can not be ignored. Compulsory patent licensing means harming the economic interests of the patentee, which will undoubtedly cause a major blow to the research and development enthusiasm of pharmaceutical enterprises.
We can see that different countries have completely different attitudes towards compulsory licensing. India directly imposed a compulsory license on nexavar of Bayer Company, and the drug price dropped by 90%, while the United States negotiated with Sipro of Bayer Company to reduce the price to the satisfaction of both parties.
3. During the spread of avian influenza in 2005, China did not approve Guangzhou Baiyun Mountain's request for compulsory license for life-saving drug Tamiflu. Instead, Roche authorized the production rights of this drug to two other companies through negotiations. However, it is mainly for government procurement, and the ultimate goal is achieved by other means while protecting the patent right of drugs.