| With the epidemic of such fatal infectious diseases as HIV/AIDS and malaria, the issue of the public health crisis in the developing countries becomes more serious than ever in the world. Whether there is a conflict between the Pharmaceuticals patents standard under TRIPS Agreement and the access to drugs and vaccines in the developing counties in the public health crisis has become one of the most controversial issues currently. Because, on the one hand, it is necessary to promote the research and development of the medicine industry by means of the patent protection because the price of medicine is expensive, on the other hand, facing the various infectious diseases that menace health of mankind, the demand to the cheap medicine is great, especially in large developing countries much more. Therefore, whether the compulsory license for Pharmaceuticals patents is carried out has become a problem that all countries care about.The writer think that the international protection standard of the Pharmaceuticals patents that the TRIPS Agreement established is too high, resulted in the drugs price keep the high range, holding the gain of drugs in the developing countries. It is the effective means to carry out the compulsory license if the developing countries want to acquire the necessary drugs. In fact, from the founding of TRIPS Agreement to The Doha Declaration on Public Health, and to Implementation of Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health, members of TRIPS Agreement have been looking for the new balance between the public health and the protection for Pharmaceuticals patents. The way that the developing countries acquire the drugs is an issue that need to research. In the course of the research, the compulsory license for Pharmaceuticals patents is more important than anything else.There are five parts in the thesis. The introduction demonstrates the origin, the aim and the production of the compulsory license for Pharmaceuticals patents. Chapter One introduces formation and general principles of the compulsory license, including brief history of compulsory license, definition and characters of compulsory license as well as relevant legislation. Chapter Two describes the structure of compulsory license system of pharmaceutical patents under WTO. Based on Article 31 of TRIPS Agreement, Declaration, Decision and Amendment to TRIPS Agreement, it analyzes the above legal documents as the core, and particularly dissects the relationship between these documents. Chapter Three comments three cases about the compulsory license for Pharmaceuticals patents. Chapter Four demonstrates the advice and countermeasure for the modification of the compulsory license in our country and next negotiation of TRIPS Agreement. |
