Research On The Legal Issues And Countermeasures In Implementation Of The Compulsory License For Pharmaceuticals Patents Under TRIPS

HIV/AIDS,tuberculosis and malaria have been harassing the developing countries and least-developed countries for a long time,and the recent draw great focus on the conflict between the public health problems and protection of pharmaceutical patents.The TRIPS Agreements has achieved great success from the Doha Declaration,making more flexibility available for dealing with public health risk,but there are still some problems.By introducing and analyzing the articles of the TRIPS Agreements,the legislations and the cases of the other countries to find the deficiency of this system.As to the new modification of China in this respect concerning public health and compulsory license for pharmaceutical patents,it will give some advices and countermeasures for the implementation of the compulsory license for pharmaceutical patents account for the public health problems in our country.