The Conflict And Solution Between The Public Health Crises Of The World And The Pharmaceutical Patents

In developing countries, the problem of the public health crises is prominent day by day along with the eruption of AIDS and the other world significant infection diseases. The health rights is one kind of the human rights, but the patent is one kind of the private rights. The two rights will have a collision.At present, it is a problem to how to balance the two benefits, how to deal with the two relational questions. This article believes that the contradiction between the patent and the health rights is not irreconcilable.Two kinds of right should be treated equally. Intellectual property rights should be regarded from the view of the human rights. We should change our idea of the current intellectual property rights system. In addition, it should set up a new benefit-mechanism to balance them.Moreover, the standard of drugs patent protection and the public health crisis in the developing countries have a conflict. The developed countries and the developing nations all appeared the opposition on the conference table and in the lawsuits.The article selects two cases and elaborates the developed countries and the developing nations in the main differences about "Implementation". This also becomes the most disputable question.This article holds that patent is not a barrier which the drugs obtain. And the reasonable patent system can promote the drugs to research and develope, accelerate the new medicine appearing on the market. But TRIPs agreement sets up the higher patent- protection standard and the more consideration about developed countries'benefit. In a certain, procedure has created high price of the drugs, is disadvantageous to affordable medicine for the developing nations.By the Doha Declaration of public health, the member nations start to purse for a new balance between the patent-protection and the public health.The significance and the...