Research On The Balance Between Medical Intellectual Property Protection And Health Right Protection

Rights are the basic guarantee to realize personal interests and development in modern society.Intellectual property rights and human rights are important rights to promote the social development.Since the formation of the intellectual property system,through the protection of human intellectual achievements,it has effectively mobilized people's enthusiasm for scientific research and development,promoted people's creative initiative,even promoted the progress of science and technology,and made important contributions to social development and happiness of all mankind.Human rights are the rights that should be enjoyed by human beings.Such rights are generally recognized and respected by society.Only by realizing human rights can we ensure the development and progress of mankind and create the basic conditions for a better society.The Marxist view believes that man is the sum of all social relations,and that human development cannot be separated from the progress of material conditions.The fundamental goal of intellectual property protection is to realize human rights and provide better conditions for the protection of human basic rights.Therefore,the realization of human rights lays the foundation for the development of intellectual property.The relationship between the medical intellectual property protection and the health right protection is the most representative in the relationship which is between intellectual property rights and human rights.The protection of medical intellectual property focuses on the effective use of health technology and their intellectual achievements.The relationship between the protection of pharmaceutical intellectual property rights and the protection of the right to health is the most representative of the relationship between intellectual property rights and human rights.The protection of intellectual property rights in medicine revolves around the effective use of health science and technology and its intellectual achievements,while the right to health is a fundamental right to human survival.The protection of pharmaceutical intellectual property rights is directly related to the property right of the pharmaceutical industry,which enables pharmaceutical R&D enterprises to obtain high profits by monopolizing their patents.The protection of pharmaceutical intellectual property rights can motivate companies to continue their investment in pharmaceutical research and development,promote the overall development of the pharmaceutical and health industry,and ultimately make an important contribution to human health and development.Due to the influence of rights attributes,interest pursuit,external environment,etc.,the conflicts,formed in some areas of the medical intellectual property protection and the health right protection,will also have a negative impact on the health right protection.The development of science and technology means that pharmaceutical intellectual property rights can bring more positive effects to the realization of people's right to health,but it will also expand the interests of the owners of medical knowledge rights and lead to violation of other human rights.Relying on the technological and institutional advantages of pharmaceutical intellectual property rights,a few western developed countries regard the protection of pharmaceutical intellectual property rights as one of the important means to gain benefits.While realizing the improvement of medical technology and the export of medical services,the negative impact on the right to health has been expanded and the universal realization of the right to health has been hindered.The balance between pharmaceutical intellectual property and health right is related to the development and progress of human society.In order to achieve their harmonious development,to clarify the responsibility boundaries of their respective subjects,to adjust the relevant rights,obligations and responsibilities in a certain range and basis,and to establish a more appropriate balance model.In this sense,the moderate balance between them is the basic requirement for achieving balanced social development.From the perspective of the relationship between medical intellectual property rights and health rights,this paper discusses the dialectical relationship,interaction,negative influence and performance of medical intellectual property rights protection and health rights protection.From the legal point of view,the conditions and foundations for balancing the protection of intellectual property rights and the protection of the right to health are discussed.With the help of international legal norms and the experience of extraterritorial balance between intellectual property protection and health right protection in other countries,this paper explores the legal path and practical countermeasures of balancing medical intellectual property protection and health right protection in China,so as to provide theoretical and legal support for realizing the benign interaction between the two.In addition to the "introduction" and "conclusion",the main part of this paper consists of six chapters.The Introduction Part discusses the importance of balancing the medical intellectual property protection and the health right protection is discussed from two aspects: practical needs(problems raised)and theoretical needs(research status and review),then introduced the reasons for choosing medical intellectual property and health rights as research objects,and explained the main difficulties and research paths of this paperThe First Chapter clarifies the dialectical relationship between the protection of pharmaceutical intellectual property rights and the protection of the right to health.First of all,make an analysis of the relationship between intellectual property rights and human rights,pharmaceutical intellectual property rights and the protection of the right to health.The dialectical relationship between them is analyzed and expounded from the perspective of origin,property and function.Intellectual property rights are directly related to the basic rights of human beings.Only by clarifying the concepts and scope of intellectual property rights and human rights can we clarify the relationship between them.Secondly,it is clear that the protection of the right to health is a basic requirement of human rights.The right to health,as the basis of a person's basic right to life,has irreplaceable importance.Finally,the relationship between the protection of pharmaceutical intellectual property rights and the protection of the right to health provides theoretical support for exploring the impact and role of the two.The Second Chapter makes a theoretical analysis and practical discussion on the mutual promotion between the medical intellectual property protection and the health right protection,and the multiple good effects of the medical intellectual property protection to achieve the health right and the realization of the health right protection on the benign development of medical intellectual property are expounded.The medical intellectual property protection has promoted scientific and technological innovation and intensified the innovation of medical technology.It not only exerted the dual effects of society and economy,but also promoted the realization of citizens' health right protection.The realization of the health right has pushed the protection of medical intellectual property rights into a new stage,laying a better foundation for promoting the strategicization of medical intellectual property.The realization of the health right protection promotes the institutionalization,strategicization and systematization of the medical intellectual property protection,and promotes the global competitiveness of the medical intellectual property protection.The mutual promotion of the two promotes the sustainable development of society.The Third Chapter discusses the negative impact and origin of medical intellectual property rights on the right to health.Medical intellectual property rights promote the realization of the right to health and play a key role in promoting the overall development of mankind.However,with the development of society,the protection of intellectual property rights promotes the protection of the right to health,but also has negative impacts.There is also a conflict between the two.Intellectual property rights and the health right are typical representatives of intellectual property and human rights,and their relationship is very representative.By analyzing the negative impacts of medical intellectual property on different groups and special patients,as well as the abuse of medical intellectual property,the monopoly of medical intellectual property,and the adverse effects of medical patent rights on the protection of the right to health,focusing on the attributes,obligations and purposes of rights,this chapter analyses the reasons for the negative impact of intellectual property protection on the protection of health right,and clarifies the way to the exploration of the balance path discussed later.The Fourth Chapter combines the current international practices and selects the practices of representative countries which have achieved results in some areas,providing foreign experience for the balance between the medical intellectual property protection and the health right protection.This chapter analyses the current national behaviors of balancing the medical intellectual property protection and the health right protection,focusing on the analysis of legal regulation,compulsory licensing,parallel import,etc.It chooses Indian generic medicine,Brazilian patented drug production,Cuban pharmaceutical industry,etc.,and combs the practices of countries with different systems.It has sorted out the practices of different countries and sought international experience in exploring how to balance the protection of intellectual property rights and the protection of health rights,and enhanced the theoretical identity and practice transformation.The Fifth Chapter summarizes the previous discussion and analysis of this article.From the perspective of legal philosophy and human rights protection,the realization of social fairness and justice requires moderate restrictions on the medical intellectual property protection.From the essence of life and the pursuit of benefits,this chapter explores the necessity of priority realization of the health right.Further study of the coordination of interests and balance needs to achieve the balance between the medical intellectual property protection and the health right protection.It makes a theoretical response to the theme of this article.The Sixth Chapter makes suggestions on the rules of legal path and practical countermeasures to balance the medical intellectual property protection and the health right protection.This chapter expounds that the state obligations have an inescapable respo-nsibility for the realization of the citizen's health right protection,and that the state obligation should play a role in balancing the medical intellectual property protection and the health right protection.This chapter also introduces the role of international intellectual property laws and regulations and the globalization of laws,and suggests that the legal regulations for the windfall profits of life-saving drugs should be adopted,and a suitable price and cost adjustment mechanism should be established.Through these measures to minimize the negative impact between the medical intellectual property protection and the health right protection,to make a model for balancing the conflict of rights.The Conclusion Part further responds to the theme,stressing the mutual promotion and positive role of medical intellectual property protection and health right protection,and revealing the conflict between them,that is,the negative effects.It is clearly pointed out that balancing the medical intellectual property protection and the health right protection is the goal of intellectual property protection and development,the requirement of basic protection of the right to health,or the performance of social progress,and the theoretical and practical need of achieving harmonious development between human beings and society.