The Patent Protection Of Pharmaceutical Products And The Maintenance Of Public Health Under TRIPs Agreement

TRIPs agreement has ratified that the intellectual property right is personal property with form of international treaty. It set down the lowest standard of the patent protection of pharmaceutical products. So it has unified the rule of intellectual property rights in entity and process. It ordain the members must offer patent protection for more than 20 years, also ordain some treaties to balance the benefit between patent protection and public health. But the provision for the patent protection of pharmaceutical products is inevitably due to the scarce of pharmaceutical, influence the maintenance of public health. In behavior of the developing country, The Declaration of DOHA and The Modify of TRIPs are come on one after the other. They want to settle the problem that the Developing Country and the Least Developed Country how to get the pharmaceutical products which is protect by patent, but they also have localization.The conflict, which between the patent right and the healthy right, is not only the conflict of patent owner and sick, but also the conflict of Countries. The conflict is difficulty to conciliate. In this paper, I considering the key of conciliate conflict is that putting the protection of the intellectual property rights on the right side, follow the fundamental of equity and justice, pay attention to the balance of benefits when establish system, and make public health has the priority.In this paper, I try to analyze the avenues which can use for settling public health problem. They are compulsory license, parallel import, produce and import generic drugs. These avenues are useful but also face many pretty passes. I try to bring forward some ideas for consult. At last, I analyze the actuality of the protection of patent in china, and the public health problem which china facing, prospecting the measures which china use.