Pharmaceutical Patent System In The Context Of Market Competition

Huge international market value, serious issue of public health and devious development of pharmaceutical patent system, all of them arouse contemplation. How to improve pharmacy's competition and how to widen the access to medicine? What's the rule of the process of the pharmaceutical patent system?In order to make some contributions to resolving the mentioned issue above, this thesis explores the rules of pharmaceutical patent system development in the context of market competition.There are five chapters in this thesis. The first chapter discusses the process of medical patent international system formation, which is a victory of developed countries in their valued idea "efficiency". The second chapter focuses on the medical patent system under the TRIPS, which still advocates "efficiency". The third chapter theoretically analyses the medical patent system, and finds there are four characters in it: sacred private right, disharmonious relationship with public health, huge risk and close relationship with international trade. However, the TRIPS is still unbalanced. The latest information about the medical patent system is analyzed in the fourth chapter, which demonstrates that its trend is the balance of interest. Finally, the fifth chapter makes comments on China pharmaceutical patent system, whose pursuits are justice and efficiency, and some suggestions are put forward according to the previous study, such as, establishing the administrative procedure, making good use of patent exception under TRIPS.