How Does Intellectual Property Give Impact On Pubic Health

TRIPS agreement extends patent protection to the whole technology field, including pharmaceutical field. In recent years, the continuous international conflicts between pharmaceutical patent and public health caught much attention from WTO, WHO and many countries. This paper studies on the interactions of intellectual property and public health based on the globalization environment, comments on the international tend of pharmaceuticals patents protection and public health before and after Doha Declaration and Hong Kong Declaration, attempts to expound the relationship between intellectual property and public health in the perspective of patent law.This paper based on the two categories——private right and human rights, patent right and the right to health, searching the theoretical resolution of the problem, analyzing the challenge for IP from the new animal and plant disease. By analytic positivist method, the approaches of access to affordable drugs in the developing countries are analyzed, such as compulsory licensing, parallel importation, Bolar exception, product generic drugs, drug donations . In the final section of the thesis, based on the current situation of pharmaceutical patent legislation in china, the author gives some suggestions to the pharmaceutical patent system reform. As a whole, we should take the third time Patent Law revises as a turning point, take our current medicine patent legal system as one entirety, and take strengthening country's pharmaceutical scientific and technological innovating capacity as the target. Firstly, we should cancel the national protect legislation of new drugs, promulgate specific legislation for generic drug. Secondly, reform the traditional Chinese medicine protection method. Both the procedure and reason of compulsory licensing in the revised draft of patent law remain to be consummated further, and Bolar exception should be perfected together with the generic drug legislation.