The Legal Research About The Medicine Patent Protection Under TRIPS

Intellectual property and public health have always being a thorny issues for the member state of the WTO. AS the TIPRS agreement came into effect, drug efficacy, safety, and other traditional problems have been replaced by other problems, the way to access to drugs, when the public health faced threats. After the implementation of the agreement, more and more data shows that, the introduction of more stringent protection of intellectual property, which is in accordance with the requirements of TIPRS, has caused a lot of social and economic problems.In today's world, the possibility of the spread of infectious diseases cross-border increases. Many of the unknown virus or bacteria of area limitations previously may spread quickly all over the world with the flow of people and goods. Every year, about 14 million people died of infectious diseases, among which many could have been prevented or treated. The mortality rates are particularly high in developing countries. Therefore, the effective, affordable drugs supplied, the accessibility of these cheap medicines and timely treatment is an important issue. The international community urgently need close cooperation and make efforts to develop stringent system for the prevention and treatment of those known or unknown virus or bacteria, which will spread all over the world, in order to protect the public health and survival security. The paper focuse on how to protect the intellectual property of drugs and public health within the framework of "Doha Declaration about TRIPS agreement and public health" ,and point out the weakness of legal provisions and put forward favorable proposal in China.