Research On Risk Management Of Generic Drugs On Patent Infringement

Risk of intellectual property stands out since pharmaceuticals was embodied inintellectual property rights in TRIPS,at the same time,the price raise of patented drugscaused difficulty in obtaining drugs and public health crisis.The wish of preventing abuseof intellectual property from being barriers to economic and social development wasexpressed in the following Doha Declaration on the TRIPS agreement and public healthand Implementation of paragraph6of the Doha Declaration on TRIPS Agreement andpublic health,but there were still some restrictive provision and obstacle in specificapplication.Because of the pressure of high medical expenses and expiration of manypharmaceutical patents, generic drugs have been valued by both developed and developingcountries recently.To protect the interests of domestic large pharmaceuticalcompanies,developed countries pursued high level of intellectual property protection,andtook suppression policy against compulsory license for exploitation of medicine patentmade in developing countries.This thesis analysed and demonstrated the reason ofconfliction betweeen pharmaceutical patent and public health as well as coordinationapproach,and made some suggestions on medicine patent provisions of law.China was faced with enhancing access to health care as a developing country with alarge population.Now more than97%drugs made in China was generic drugs,but so manypharmaceutical companies choose same kind of drug to produce that they make low profitor they choose without solid investigation at the risk of patent infringement.Pharmaceutical enterprises can avoid patent infringement via analysing and controling riskof infringement,thus achieve the maximum of economic and social benefit,and contributeto our countries’ public health.