Conflicts And Coordination Between The International Protection Of Pharmaceutical Patent Right And Right Of Public Health

AIDS, SARS, nuclear leak caused by the earthquake in Japan, the crisis of public health, particular in developing countries and least-developed countries, have increasingly become the focus of international attention. The TRIPS established by WTO is closely related to the solution of national public health crisis. In frequent public health crisis, the extremely high prices of patented medicines in developing countries are the main reason for patients lacking access to essential medicines.According to analyses on phenomenons and causes of the conflicts between the international protection of pharmaceutical patent right and right of public health,and rules of international protection of intellectual property including TRIPS,this thesis introduces the idea rebuilding the value system of TRIPS to solve the problem. In view of the related law in China,it introduces countermeasure to balance the conflicts between them.Chapter 1 reviews the history of patents, pharmaceutical patents and laws about pharmaceutical patents in developed countries and international rules.In this chapter,it introduces the concept about right of public health, makes sure the discussing categories of the right of public health, compares kinds of definitions and gives my own opinions.According to three classic documentations,Chapter 2 expounds current embodiments about the conflicts and analyses the reasons. According to compare the TRIPS, Doha Declaration and resolutios of Doha council,it indicates the significance and importance for the conflicts.Chapter 3 points out the deficiencies of TRIPS, Doha Declaration and resolutios of Doha council, and gives the fundamental causes which can't balance the conflicts and points out that the only resolution is to rebuild the value system.Chapter 4 introduces the situations of the pharmaceutical patents system and right of public health in China, analyses the essence of the conflicts and gives the current countermeasures to balance the conflicts in our country.