Conflict And Coordination Between Drug Patent Protection And Public Health Interests

From recent years,the outbreak of human infection with the highly pathogenic avian influenza and H1N1 which spread to many countries and regions, these safety and health events have posed an enormous threat to human's health. The problem of public health protection becomes the focal point of people around the world. As one kind of commodity, drug is the essential constituent of health rights, have a very important social function. Drug contains the huge commercial and public interest, so it already became the most controversial point in intellectual property protection.This article is mainly divided into four aspects. Firstly, we discuss the conflict between drug patent protection and human rights. The public health rights is one kind of human rights, belongs to civil rights domain, while the drug patent belongs to private power domain, and conflict is obvious. So this article analyzed the conflict reason of both simply, and instructed the conflict solution mechanism between both of them. This mechanism mainly includes three parts: drug patent compulsory license system; drug patent parallel import system; drug patent difference pricing system.Secondly, we mainly analyzed the drug patent compulsory license system of conflict solution in the first part. The drug patent compulsory license is called the non-voluntary permission, as the patent most important limit method, it has been the patent system's important component. It is also the important method of patentee to abuse the patent, prevents the monopoly, protects the social public benefit. Followed, this article discuss TRIPs agreement 31st about the compulsory license stipulation, but this stipulation hindered many developing countries to govern AIDS crisis, received the widespread criticism of the international society. Finally, the author compared and analyzed compulsory license's case around the world.Thirdly, as one kind of patent system, drug patent compulsory license is effective to limit the patent holder to misuse the patent. And we have analyzed the possibilities of being misused. Draw the conclusion that abuse will bring the serious negative influence to the intellectual property system, and will possibly affect the drug availability finally. Also we enumerated some national implementation drug compulsory license examples, summarized the drug patent compulsory license system to cut the drug price effectively, but the initialization is quite prudent for many countries.Finally, we discuss the issue of consummating our country's drug patent compulsory license system. This system is a double-edged sword. So, we must adhere to the use and prevent to misuse, try our best to implement it possibility, enables our country's patent compulsory license system to have a bigger deterrent, also we must control compulsory license strictly in the legislation, prevents it to abuse.In summary, the patent compulsory license system itself is to prevent patent misuse, but this system is only temporary use and cases of use. To solve the public health problem fundamentally and have the ability of defeating the public health crisis, we must improve Chinese own medicine innovation ability.