Study On What The Effect On The Access To Drug And The Relative Policy After The Entry Of TRIPS

Since TRIPS have brought into effect in our country, we must strengthen the intellectual property protection on drugs. Along with the economic develping of our country, we enter into the stage to achieve the fairly wel-off. People concern the higher and higher expend on fee-for-service and other health care expense. At the same time, we must fulfill the WTO promises, so the infringement production of patent drugs will be forbidden. But in our country, the pharmaceutical industry faces the dilemma of lack of R&D investment and ability. These will have the potential threat to the people's access to drugs——the ability people to get what they need to persist their health,. This paper analyzes under which background the TRIPS come into being, and introduces the basic principle and the patent on drugs it regulates. Through enumerating the commercial conflict on compulsory license and other aspects between developing country and developed country, conclusion can be reached that there is deficiency between TRIPS and public health. Trying to resolve this contradiction under TRIPS, the Doha Declaration was passed at the WTO ministerial meeting held in Doha. This declaration clarifies that each member has the right to grant compulsory licences to treat public health crisis. But WTO members with insufficient or no manufacturing capacities in the pharmaceutical sector could face difficulties in making effective use of compulsory licensing under the TRIPS agreement. So this declaration has it limitation on solve the problem between TRIPS and public health. In addition, this paper introduces how our country built its own patent on drugs and other protection given to drugs. Through contrasting the intellectuall prperty especially the patent on drugs in our country and what the TRIPS requests, conclusion can be reached that before enter TRIPS our patent on drugs is accordance with TRIPS. TRIPS has some effects on the access to drugs. The pharmaceutical industry relies on strypped-down to produce drugs, so the change on price is the key factor in weighting the access to drugs. Throughing analyzing the price change of some drugs in our country recently and comparing some of the drug price in our country and other countries, the conclusion can be reached that the price on drugs will not change dramatically in the near future. But along with the patent drugs drive out the other drug, the drug price especially which closely correlated with public health will rise in the future. In the end, this paper reviews the price control regulation, one of the policies on how to improve the access to durgs, and points out that though it has effect on controling the drug price, there are also abuses on this regulation. The suggestion can be made that this policy must take into account the interest groups, such as encouraging the invention of new drugs. In addition, this paper discusses the compulsory license, one of provisions the TRIPS regulates to safeguard public health. Through analyzing the experiences of other countries who have implemented it, the conclusion can be reached that the effect of the policy is deterrent, we can't depend it on cutting the price down.