Research On The Compulsory License System Of Pharmaceutical Patents Under WTO

Public health crisis caused by severe epidemic diseases leads to a hot debate on how to balance the patent holder's interests and public interests. Compulsory license of pharmaceutical patents, as the most effective method to promote access to medicines, becomes the focus of the debate.This thesis does research on public health problem and compulsory license system of pharmaceutical patents under WTO, which is divided into four chapters.Chapter One introduces formation and general principles of the compulsory license, including brief history of compulsory license, definition and characters of compulsory license as well as relevant legislation. It attaches importance to the relationship between public health crisis and compulsory license of pharmaceutical patents. Compared with traditional compulsory license, it points out particularity of international application of compulsory license of pharmaceutical patents.Chapter Two describes the structure of compulsory license system of pharmaceutical patents under WTO. Based on Article 31 of TRIPS Agreement, Declaration, Decision and Amendment to TRIPS Agreement, it analyzes the above legal documents as the core, and particularly dissects the relationship between these documents. The chapter presents international law on compulsory license of pharmaceutical patents on the whole.Chapter Three eleborates barriers to practice of compulsory license of pharmaceutical patents from the angle of theory. Firstly, it analyzes deficiencies of existing provisions. Complicated application arrangement, lack of obligation to authorization, pending problems are barriers within the System. Secondly, it discusses barriers beyond the System from the angle of practice, which includes the impact of developed countries'polices on intellectual property rights and subsequent legislation, as well as pharmaceutical enterprises'industry strategy.Chapter Four proposes assumptions on how to perfect compulsory license system of pharmaceutical patents under WTO. It involves deficient provisions within the System, but also introduces other applicable methods contributive to resolve public health problems.