Conflicts Of Interest Between Patent Protection And Public Health In China

Intellectual property system is a basic legal system to protect intellectual achievements, but also to promote scientific and technological innovation, accelerate the industrialization of scientific and technological achievements, promote economic development requires effective protection of the intellectual property system. The Supreme Court of India on the "Wei" verdict on the whole society has an important influence. The judgment of India revised "patent law" has an important role in the guidelines, including the drug patent issues and drug attitude of developing countries low income patients may have problems have an important impact. China purchasing India anticancer drugs "first person" laying was acquitted, triggered strong concern of the people to fight the cancer drug Gleevec. In the face of the contradiction between public health and pharmaceutical patents, countries should adhere to the principle of priority of the right to life and health, and strive to seek the balance between the interests of drug patents and public health. Gleevec is between leukemia and malignant gastrointestinal stromal tumors, treatment of drug of choice, but because of the expensive price and taken for a lifetime, let unmatched in most patients. The developing countries should proceed from the specific situation in our country, making full use of the relevant provisions of the TRIPS agreement in the framework, actively solve the public health problem facing the country, to establish effective legal guarantee system. For China’s national conditions and the reality of the situation currently facing, this paper anticancer drug "Gleevec" the two typical cases, analysis of the conflict of interest with the pharmaceutical patent protection and public health between the outlines international and domestic market pharmaceutical patent protection of the status quo and the relevant laws and regulations. On the basis of comparative study of patent law in different countries and combined with the actual situation in our country, this paper puts forward some related solutions, so as to find a way to coordinate the interests of public health and drug patent right.