To Study The Drug Patent Protection And Public Interests

Whether the drug patent system has great influence on the social and public interests? Especially for contact with the drug’s closest social and public health. Still say in order to protect the social public interests and inhibits medical technology innovation. At present has become a worldwide problem. In the economic interests of the patentee and the health of human conflict, we should understand the purpose of the patent system and what is the profound connotation of public health relationship? We change how to weigh the interests between the balance? We are now facing problem need to solve. It is a research opportunity, contributed to the author’s study motivation.In recent years, the occurrence of social and public health crisis constantly, let people always AIDS, spreading worldwide major infectious diseases such as avian flu have let us pay attention to people around the world. For our caused great influence on the whole social public interests. Especially to account for three-quarters of the population of the world’s developing countries, because of the lack of international public health crisis caused by the drugs to serious, has aroused worldwide attention. Has become the urgent important issue under the WTO framework. About how to solve the drug patent protection and public interests of the most important public health conflicts, coordinating the relationship between its becomes a complex topic, but also become one of the biggest controversy in the protection of intellectual property rightsThis paper mainly studies the drug patent protection and public interests in contact with the drug patents closest coordination problems between public health research. First of all, the content of the drug patent protection system is discussed in detail, and understand the origin of the patent system, and then elaborates on the development of drug patent system and drug accessibility issues. Secondly, explore the conflict between public right to health and drug patent protection, the main analysis of drug patent protection under the TRIPs agreement, the TRIPs agreement for the invention of the drug and the treatment provided by the patent protection is essential, TRIPs agreement have very important role to deal with these problems, it also gives the flexibility of each member must be for those who are in urgent need of medical assistance in the world people and the protection of drug patents between seek a balance. Then, through comparison and case analysis, the paper discusses the drug patent protection and public health between the balance and coordination, emphatically analyzes the doha declaration and the general council resolution to solve the conflict of the relevant provisions of the relevant norms such as the shortage and limitations. Then probes into the developing countries in order to solve the conflict of legal measures and the legal measures should be taken. Finally, combined with the detailed analysis of the current situation of drug patent protection in China and the problems existing in the public health. Put forward the deficiencies in China’s patent law regulation, and put forward the related countermeasure, detailed analysis of the specific implementation of the compulsory license in our country, the utilization of parallel import of patent medicine in our country and our country should for Chinese traditional medicine and the attention of the genetic resources and traditional knowledge in China.