Study On Drug Patent Exemption Under TRIPS

At the end of December 2019,the outbreak of COVID-19 has been spreading around the world for several years,,COVID-19 has finally become a global pandemic,posing unprecedented challenges to public health.In order to fight the outbreak,medicines are indispensable,especially the widespread use of COVID-19 vaccines,which are essential to build a global immune barrier.However,drugs are complex industrial products,and many developing countries lack the ability of drug research and development.Under the current TRIPS framework,strict measures are taken to protect the intellectual property rights of drugs,which seriously affects the public health safety of the majority of less developed countries.Faced with the worsening epidemic,India and South Africa,represented by countries,submitted a proposal to WTO to exempt drug patents under TRIPS,which triggered a wide global discussion.This paper discusses drug patents and public health,tries to put forward solutions on how to balance the relationship between them,and find ways to access drugs after exemption.At the beginning of the article,the background of drug patent exemption is analyzed to find the research ideas,the first part of the article describes the drug patent exemption system theory in detail,reflecting the unique characteristics of drug patent exemption and the implementation of international law regulations.In the second part,the author summarizes the status quo of the disputes among countries and organizations of drug exemptions and the reasons for the differences.In the third part,the implementation of drug patent exemption is described,the contradiction between patent exemption for drug patent privacy and protection of public health safety,as well as the operational problems of patent exemption for improving the accessibility of drugs.The fourth part tries to solve the problem by means of patent transfer and drug patent information sharing under trips framework.