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Research On Pharmaceutical Patent Protection And Public Health Issues In The Post-TRIPS Er

Posted on:2024-05-10Degree:MasterType:Thesis
Country:ChinaCandidate:Y NingFull Text:PDF
GTID:2556306914490514Subject:International Law
Abstract/Summary:PDF Full Text Request
The transformation of the two major systems of the World Intellectual Property Organization and the World Trade Organization to the platform of free trade agreements marks the entry of the post TRIPS era for international protection of intellectual property rights.In the post TRIPS era,developed countries are gradually promoting the strong development of drug patent protection by granting exclusive protection to drug trial data and extending the duration of drug patent protection.This has led to a series of issues related to the relationship between drug patent protection and public health.At the same time,there are also many implementation difficulties and defects in the compulsory license system for drug patents.This article will take the trend of strong protection of drug patents as the research approach and conduct research in four parts.Firstly,it analyzes the basic issues of drug patent protection and public health,as well as the compulsory licensing system for drug patents and current relevant international rules.Secondly,analyze and elaborate on the principles and main manifestations of the conflict between drug patent protection and public health.Once again,an in-depth analysis was conducted on the dilemma of coordinating the implementation of the drug patent protection system with public health.Finally,the suggestions and practical paths proposed to address the issues of drug patent protection and public health in the post TRIPS era were analyzed from the perspective of developing countries,along with feasible practical paths for developing countries to face conflicts between the two in the post TRIPS era.Through research and discovery,the Bolar exception rule can be applied to balance the conflicts and contradictions between the two.The improvement of the compulsory licensing system for drug patents can also provide great help in resolving the conflicts between the two.Developing countries can largely solve the problems they face between drug patent protection and public health by implementing a drug patent linkage system,improving domestic generic drugs,and related legislation.
Keywords/Search Tags:The post-TRIPS era, Drug patent protection, Public health, Compulsory licensing system for pharmaceutical patents
PDF Full Text Request
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