Research On The Conflict Between The Pharmaceutical Patents Protection Under TRIPS Agreement And The Public Health Crisis And The Corresponding Strategy

With the epidemic of such world fatal infectious diseases as HIV/AIDS, the issue of public health crisis in the developing countries becomes more serious than ever. Whether there is a conflict between the pharmaceutical patents standard under TRIPS Agreement and the access to drugs and vaccines in the developing countries in the crisis of public health has become one of most controversial issues presently. In essence, patent systems are not the obstacle of access to drugs and vaccines. Reasonable patent systems provide incentives for Research & Development into Pharmaceuticals and accelerate inventions of new drugs and vaccines. However, differing from previous treaties, TRIPS Agreement makes the high price of pharmaceutical products legally and against access to drugs and vaccines in the developing countries more or less. Therefore, through the Declaration on TRIPS Agreement and Public Health, WTO members are finding new balance between the patent rights and the public health. The approaches of access to affordable drugs and vaccines in the developing countries are of value of research. By analytic positivist method, the approaches of access to affordable drugs and vaccines in the developing countries are compared and analyzed deep, such as compulsory licensing, parallel importation, production and importation generic drugs, voluntary licensing, drugs donations and unite negotiation. In the final section of the thesis, linking with the position of China, some conclusions are proposed as following,Firstly, standing by TRIPS Agreement, China should spark plug new rules actively availing itself of important station in the world.AbstractSecondly, China should cancel the national protect legislation of new drugs, and add parallel importation systems.Thirdly, the innovation of pharmaceutical manufactures shall be encouraged.Finally, the Chinese relevant authorities shall understand and handle all approaches of access to drugs and vaccines correctly.