As drugs are necessary to safeguard people’s right to health，drug innovation has become the fundamental driving force to improve the health of our people，and intellectual property has become the basic system to stimulate and adjust the sustainable innovation of the pharmaceutical industry. The development and new achievements of the law-based drug intellectual property in China since the reform and opening up are analyzed in this article. After a process of passive acceptance，adjustment and adaptation，and active selection，China has established a modern pharmaceutical intellectual property system framework，which can be divided into two parts，namely protection of pharmaceutical innovation and protection of public health needs. To be specific，we stimulate pharmaceutical innovation through patent protection，pharmaceutical patent linkage system，pharmaceutical patent term compensation system，and pharmaceutical test data protection system，and guarantee public health needs through patent protection exceptions，compulsory licensing system，patent exemption and anti-monopoly system. Relevant supporting systems need to be further improved. In the future，it is necessary to clarify the orientation and basic policy orientation of the pharmaceutical industry in the country，and formulate laws and regulation on pharmaceutical intellectual property rights that adapts to the development of the pharmaceutical industry and takes public health as the fundamental starting point.