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Study On Access To Medicines Caused By Public Health Crisis

Posted on:2007-09-23Degree:MasterType:Thesis
Country:ChinaCandidate:H LiFull Text:PDF
GTID:2166360182988390Subject:International Law
Abstract/Summary:PDF Full Text Request
Intellectual property protection is designed for the prosperity and economic development of the society;however the object is achieved only in a balance of private benefit and public benefit. At present, there is such a controversy should be coordinated: the pharmaceutical industry is famously dependent upon patent protection to support its R&D costs and Pharmaceutical Innovation, whilst paten protection deprives patients of access to much-needed medicines, the balance between patent holder and patient is the key to access to medicine. The solution is what the author is studying.The dissertation is divided into 6 chapters.Chapter 1 starts out with the case in WTO members, which disclosed the controversy between patent protection and access to medicines.Chapter 2 includes theories analysis to deal with the controversy, pointing out the value and principle for the solution.Chapter 3 provides the reasons why these remedies are less satisfactory under Trade-Related Aspects of Intellectual Property Rights, through long-time Doha Round negotiations of Public health issue.Chapter 4 introduces that U.S.A. has consistently advocated for stronger patent protection throughout Free Trade Agreements, which put additional barriers to flexible articles of TRIPS. The author is trying to seek some measures developing countries could take.Chapter 5 considers various patent policy alternatives of U.S.A and EU in their access to medicines, outlines some patent policy approaches for developing countries to avoid the abuse of intellectual property.At last, China's relative law has been discussed from the perspective of pharmaceutical intellectual property, some suggestions are put forward to the ongoing new amendment of patent law for access to medicines.
Keywords/Search Tags:Access To Medicines, Public Health, TRIPS, Free Trade Agreement
PDF Full Text Request
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