药品是一种特殊的产品,其身上兼具商业价值和公益价值两种特性。当药品纳入专利保护领域时,也应充分考虑其对公共健康的公益性价值。文章以陆某案为例对药品专利强制许可的定义、国际实践、国内制度做出分析,并提出相应的对策。 Drugs are a special kind of product that combines both commercial and public welfare properties. When medicines are incorporated into the field of patent protection, they should also give full consideration to their public welfare value of public health. The article takes Lu Mou case as an example to analyze the definition of compulsory license of pharmaceutical patent, international practice and domestic system and put forward corresponding countermeasures.