The Research On Public Health Maintenance And Intellectual Property Protection

Developed countries always hold a dominant position in the process of establishing international protect regulations for intellectual property rights, by right of the advantage of economic superiority and political advantages. This situation has led to the internationalization of intellectual property protection, namely the internationalization of intellectual property rights system of developed countries actually. In the global context of different mandatory use of a single system will inevitably emerge discordant sound, global public health crisis reveal this conflict, trigger global consensus focus on the rationality of intellectual property rights international protection. The research on balancing mechanism of international protection system of intellectual property rights and involved flexible articles is very necessary. It's propitious to ensure China carry out the international obligation devotedly according to international treaty, so as to avoid suffer crack down and litigant. It's also propitious to provide more flexible space for establishing appropriate intellectual property rights system for China.This thesis includes chapters, Chapter 1 analyses the signification and connotation of public health and intellectual property rights, enumerates the case of public health crisis, introduces several pacts of international intellectual property rights protection. Chapter 2 analyses the cause of formation and representation of the conflict of public health maintenance and intellectual property rights protection. In the aspect of causation, analyses three different levels, includes item, jurisprudence and system. In the aspect of representation, enumerates four representative cases. Chapter 3 discusses the connection between TRIPS agreement and public health maintenance, roundly analyses the content, significance and localization of TRIPS agreement, Doha Declaration, The General Council Chairperson's statement. Chapter 4 studies the correspond significance and correspond modes, the modes include coercive admission, parallel importation, etc. Chapter 5 put forward several countermeasures for China, considering the actuality and the main problems, China should adopt thereinafter countermeasures.