Research On The Compulsory License For Pharmaceuticals Under TRIPS-PLUS

Drug accessibility is a key factor to solve the public health problems, drug compulsorylicense system is one of the countries access to basic health drugs tool, while TRIPS-PLUSclause contains dominated by developed countries the bilateral or multilateral free tradeagreement, the investment protection agreement will be affected during drug compulsorylicense system implementation. Public health and drug accessibility issues, is a worldattention and constantly improve the degree of concern for public health issues. Currentsituation of China, good use of compulsory license system, is the key to solve the problem ofpublic health, in line with international legal standards and domestic law case, an importanttool can the compulsory license system can be used as a public health problem and the rightbalance of pharmaceutical patent protection conflict.This paper mainly studies the provisions on drug compulsory license system under theframework of WTO;The effects of drug compulsory license provisions related to public healthin TRIPS-PLUS terms; TRIPS-PLUS standard to influence in some countries; and ourcountry should influence how to control the TRIPS-PLUS clause on the drug compulsorylicense system.