On The Balance Between Protection Of Medicine Patent And Interest Of Public Health

Along with the global economic integration unceasingly speeds up, Agreement on Trade Related Aspects of Intellectual Property Rights further advanced the protection of intellectual property rights and established the new international tendency of patent protection. In recent years, international communities argue and ponder the conflict between the medicine patent international protection and the public healthy benefit. In order to balance the benefit between medicine patent international protection and public healthy and strengthen the validity of TRIPS, through the difficult negotiations, WTO successively reached Doha Declarations and passed the Decision of the General Council of Doha Declarations 6th section. The two agreements clarify some ambiguous questions in TRIPS, acknowledge the rights of maintaining public health and obtaining the medicine and enable the developing countries to be allowed using the flexibility stipulations to protect their public health. The agreements also enable most underdeveloped countries have more time to re-consider and adjust their patent laws. The explanation rules that the agreements are established to achieve the true balance between the right and the duty accord with the goal and principle of TRIPS and of great advantage to protect the public's health nutrition. This paper analyzes the situation of medicine patent international protection and the practice of medicine patent and makes a study of the conflict question between medicine patent protection and the public healthy. This article discusses the specific stipulations of TRIPS, Doha Declarations, Decision of the General Council to find the right way that solves the conflict and reconsiders the benefit balance principle from the legal principle theory in order to propose rebuilt this principle again. Finally, this article analyzes the question of medicine patent protection system and the public healthy in our country, points out the insufficient law stipulates of our country and proposes legislative suggestion.