Drug Compulsory License System, And Under The Trips - Plus Agreement On The Effects Of Pharmaceutical Intellectual Property System In Our Country

Compulsory license of pharmaceutical patents is a global issue. China pays more attention on improvement of the system of pharmaceutical Compulsory license. The establishment of Compulsory license system aim to prevent abuse of patent rights to stifle innovation and harm the public interest, and to balance the relationship between public interest and private interest.Along with attention and active implementation on Compulsory license system, particularly in developing countries, the United States (US), the European Union (EU) and other countries have focused their attention to the bilateral free trade by increasing the TRIPS-PLUS provisions to limit the use of Compulsory license. They signed bilateral or multilateral free trade agreements with TRIPS-PLUS provisions with some developing countries to force them to improve the level of IPR protection.The paper firstly introduces the concept of Compulsory license of pharmaceutical patents, TRIPS-PLUS agreements and access to medicines respectively, and summarize the influence on access to medicine which the Compulsory license of pharmaceutical patents making, and then analyze the background of TRIPS-PLUS Then analyze the content and impact of Article 31 in TRIPS Agreement "Doha Declaration", "General Council Agreement" and the "the amendment of TRIPS Agreement," under WTO. Secondly describes the content and meaning of TRIPS-PLUS agreements to indicate the influence on Compulsory license of pharmaceutical patents in free trade agreements that the TRIPS-PLUS, by analyzing the influence on pharmaceutical Compulsory license by TRIPS-PLUS provisions in a free trade agreement, which the United States signed with Jordan, Central American countries and Australia and other countries. Lastly Pointing out that China is a developing country relying on generic drugs. According to China current public health status, combined with China’s current Compulsory license status, analysis in, we must be careful not to sign with TRIPS-PLUS provisions of the agreement blindly when making the domestic legislation and signing a free trade agreement and other international treaties, and be careful not to introduce the patent link system, limits for data exclusivity protection conditions, and to retain the flexibility protection standards in TRIPS Agreement, such as the Compulsory license, parallel importation in order to adapt the present stage of development.