Coordination Between The System Of International Pharmaceutical Patent Protection And Public Healthy Benefit

In recent years the conflict between the international pharmaceutical patent protection and the public healthy benefit make people ponder the rationality of the international intellectual property system. In order to balance the benefit between international pharmaceutical patent protection and public health and strengthen the validity of TRIPS, through the difficult negotiations, WTO reached Doha Declarations, passed the Decision of the General Council of Doha Declarations 6th section and Decision on an Amendment to the TRIPS Agreement. These agreements clarify the provisions relating public health in the TRIPS Agreement and give rights to the developing countries and the least-developed countries to procure essential medicines. This paper analyses the situation of pharmaceutical patent international protection and the practice of pharmaceutical patent and makes a study of the conflict between pharmaceutical patent protection and the public health. This paper discusses the specific stipulations that solve public health and pharmaceutical patent in developing countries of TRIPS, Doha Declarations, Decision of the General Council of Doha Declarations 6th section, it analyses the legal meaning and limitations of these agreements and find the right way to solve the conflict in the scope of legal system nowadays, meanwhile it reconsiders the benefit balance principle from the legal principle theory in order to rebuilt this principle again. Finally, this paper analyses the question of pharmaceutical patent protection system and the public health in our country, points out the insufficient law stipulates of our country and proposes legislative suggestion.