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

Recent years, the public health problem in developing and lest developed countries is become a focus of international community. The public health problem is tightly connect to the Agreement on Trade-Related Aspects of Intellectual Property Rights (hereafter TRIPS ) settled by World Trade Organization (hereafter WTO ). High price of medicines is the greatest obstacle preventing access to the essential drugs in developing countries in the increasing public health crisis. At the same time, developing countries are unable to control the spread of crisis and the loss of life due to the lack of essential drug. The international Intellectual Property Right Regime which tend to be wider and stricter has restricted developing countries'freedom of design domestic Intellectual Property Right Regime according to their only condition and aggravate difficulty of access to drug. The Ministerial Declaration announced on DOHA WTO MINISTERIAL 2001, WTO Decision on Implementation of Paragraph 6 of the DOHA DECLARATION on the TRIPS passed on 2003 and the Amendment of the TRIPS Agreement, show the concern and attention on this problem by international community. As a developing country China also face the challenge of public health. So we shall earnestly thinking about how to give better protection on public health under TRIPS in a way that also give respect to the IP right of drug patentee.This paper is focus on the conflict and coordination between the international protection of pharmaceutical patent right and right of public health under TRIPS. Though analyzing and discussing on the reason of confliction and way of coordination along with studying on the articles in TRIPS and international documents come after, give my comments on our domestic legislation.The First Chapter in this paper is mainly about the definition and development of international protection of pharmaceutical patent right and right of public health. Than I discuss the reason of confliction and the cases in developing countries such as confliction between South Africa and U.S and the case in developed countries such as anthrax incidents in America. At last I analysis the nature of confliction between the international protection of pharmaceutical patent right and right of public health and introduce common international solution on this confliction.The Second Chapter in this paper introduce the development of TRIPS and than discuss on the TRIPS articles on the international protection of pharmaceutical patent right and right of public health as well as the influence of these articles on conducting of right of health. I got conclusion that with the development on protection of pharmaceutical patent right the access to medicine in poor countries become weaken and that made developing countries have to draw together to negotiate with developed countries for a long time to strive for the amendment of TRIPS .The Third Chapter in this paper introduced the development on coordination of the international protection of pharmaceutical patent right and right of public health in WTO regime after TRIPS, including The Ministerial Declaration announced on DOHA WTO MINISTERIAL 2001, WTO Decision on Implementation of Paragraph 6 of the DOHA DECLARATION on the TRIPS passed on 2003 and the Amendment of the TRIPS Agreement. The meaning and effect of these documents have also been discussed.The Fourth Chapter in this paper has got the conclusion that the right of public health as a basic human right that can't be discarded shall not be derogated for the protection of intellectual property right after study on the relationship between then. And than combine with the introduce on domestic regulations on coordination between protection of pharmaceutical patent right and right of public health I give out my suggestion on modification of existing law.The epilogue give an overall summarize of the paper and a outlook of the future of protection of public health in China.