Optimal Choice of Pharmaceutical Patent Protection Strength: China and Australia (1986-2009)

Nowadays medical technology, medicine economy and pharmaceutical industry draw more and more attention. The fundamental functions of pharmaceutical patent protection, which is to encourage R&D, to enhance technology competition, and to promote the distribution of technological information, have become a strong guarantee for the achievement of leap-forward development of pharmaceutical industry. In accordance with the principle, that is patent protection is affected by legislation intensity and executive intensity comprehensively, the paper calculated the patent protection strength for pharmaceuticals of China and Australia from 1986 to 2009. The outcome shows that two variation curves are similar, and the main reason for the difference between two countries is the great gap of executive intensities. Based on the outcome policy advice is put forward, namely to strengthen patent protection for pharmaceuticals and to optimize law enforcement environment for pharmaceutical patent.