First, the characteristics of drug intellectual property rights
Pharmaceutical intellectual property rights are intellectual achievements (or business marks) created by citizens, legal persons and other organizations in the field of medicine and enjoyed according to law.
(a) exclusivity, also known as monopoly or exclusivity, refers to the inventor's right to possess, use, benefit from and dispose of his completed invention. Without the permission of the obligee, no one may implement and use the protected intellectual achievements. The intangible nature of knowledge determines that intellectual property rights must be protected by legal means.
(2) Temporary intellectual property rights are only valid within the protection period stipulated by law. Duration of protection of invention patent right
Twenty years, the protection period of utility model patent right and design patent right is ten years, counting from the date of application. After the protection period, the right disappears.
(III) Regionality Intellectual property rights granted by a country or region are only valid in that country or region and have no legal effect on other countries and regions. If the inventor wants his invention to be protected in many countries or regions, he must apply for protection according to the patent law of each country.
Second, the significance of drug intellectual property protection
As one of the most widely used fields of high-tech and information technology, pharmaceutical industry is not only an important industrial pillar in most countries, but also a major field where intangible assets are concentrated. Therefore, all countries in the world attach great importance to the protection of intellectual property rights in the field of medicine. The significance of pharmaceutical intellectual property protection is mainly reflected in the following aspects:
1. Promoting new drug research and development in medical science and technology innovation is a complex system engineering with high investment, high risk, long time and great benefit, which requires a lot of long-term work such as new drug design screening, preclinical research, clinical research, production process optimization, declaration, approval and market development. The return of high investment is a huge economic benefit brought by new products, but its premise must be the effective protection of new pharmaceutical products to avoid the loss of market and profits caused by free imitation by other enterprises. Only through the patent law and other legal or administrative means, the effective implementation of intellectual property protection can improve the enthusiasm of research developers and promote the continuous development of medical science and technology innovation.
2. Promoting the industrialization of medical science and technology Because of the intangible and reproducible characteristics of intellectual property rights, medical science and technology innovation must be transformed into products in time to create wealth and value. Developed countries often spend 10%- 15% of drug sales on new drug research and development, in order to obtain high profits after the industrialization of new drug research and development. Implementing the protection system of pharmaceutical intellectual property rights can promote the transformation of high-tech achievements into real productive forces from legal and administrative aspects, help strengthen the management of scientific research and production, and solve the problem of separation of scientific research and production.
3. Promote international medical exchange and trade. As a large developing country, China has joined the major international conventions for the protection of intellectual property rights, and its legal system for the protection of intellectual property rights is basically perfect. A good atmosphere of intellectual property protection can attract more countries and enterprises to make technical investment and scientific research cooperation in pharmaceutical development in China, and also help China's pharmaceutical products and technologies to go global and promote the export and trade of Chinese medicine products.
4. Improve the competitiveness of enterprises. After China's accession to the World Trade Organization, the protection system of pharmaceutical intellectual property rights has become stricter. For a long time, the vast majority of pharmaceutical enterprises in China, which mainly imitate drugs without independent intellectual property rights, are facing a more severe competitive situation. Whether pharmaceutical enterprises can be in an invincible position in the cruel international and domestic competition depends largely on whether they have more independent intellectual property rights of medicines.
5. Protecting and developing resources and advantages of traditional Chinese medicine Chinese medicine is a treasure of China traditional culture, a precious scientific and cultural wealth left by our ancestors, and a rich economic wealth. Traditional Chinese medicine industry is an important part of China's pharmaceutical economy, a national industry with unique characteristics and advantages, a sunrise industry with the most independent intellectual property rights and a new economic growth point. China has advantages in resources, policies, talents and culture in developing Chinese medicine industry and intellectual property rights of Chinese medicine. For the development of Chinese medicine industry, intellectual property rights of Chinese medicine are not only intangible assets, but also important economic resources.
multiple-choice question
1. The following are the characteristics of pharmaceutical intellectual property rights ().
A. Exclusivity B. Particularity
C. Timeliness D. Regionality
Answer ACD.
20 19 Tianjin Hospital Recruitment | Physical Examination Announcement and Publicity Summary (continuously updated)