Discussion About Conflict And Balance Between The Drugs Patent And The Public Health Crisis

Although the private property is sacredly inviolable, the right to subsistence on natural is higher than the property rights when humanity's right to subsistence is threatened.At this time the humanity should firstly consider the right to subsistence and then take into consideration the property rights. But we can not neglects individual property rights.In the past,the public health crisis regarding us is probably remote, but since the SARS and the bird flu erupted in our country , the people just have had the personal experience to it. Many examples had already proven the public health crisis in the side. In order to alleviate the survival pressure which the public health crisis brings, the humanity has had enough diligence.For example,we prevent the public health crisis through improving humanity's life custom as well as the establishing reasonable system.But the time needed is too long. It is well known that the drugs regarding reating disease are most important. So in the rencent years,the most direct and effective method for dealing with the public health crisis is to fastly obtain the drugs.But it is very difficult. Now many drugs are protected by the patent,so the price is quietly high. Thus it can be seen that there is contradiction between them. So the standpoint of my paper is to research into how to balance the conflict.This article contents five chapters.The first chapter simply introduced the concept and present situation of the public health including the public health concept, the characteristic, the present situation as well as the reason of the public health crisis. The disease threating public health is not just the infectious disease.But it actually has the quickest propagation velocity and the strongest lethality.So this paper regarded the infectious disease as a representative .The second chapter introduced the survey of the drugs patent system.The drugs are playing the decisive role in treating disease, but often the effective drugs are protected by the patent.Thus,what this chapter emphatically introduced is drugs patent system. This chapter separately introduced patent system's concept, patent system's origin and development, the drugs patent nature and influence, and contrastively analyzed diference between developed country and developing country in the time of introducing the drugs patent and economic level.The third chapter analyzed the stipulation of drugs patent and the public health in the international documents. For example, the TRIPS Agreement ,the Doha Manifesto and the Implementation of Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health.The fourth chapter was seeking the path of balancing the conflict between the drugs patent and the public health.This chapter elaborated the obligatory license and the parallel import emphasised in the international convention. Both imitating patent medicine and donation are made the simple elabration .Of course,there are many other ways which my article did not mention.The fifth chapter was seeking the countermeasures of balancing the conflict between the drugs patent and the public health in china. In the rencent years, the public health crisis occurs repateatedly in china. So it is necessary to discuss the present situation of the public health in china , the drugs patent legislation of our country about how to dealing with the public health crisis .