The Analysis Of The Case On The Drug Patent & The Public Health

Public health has become a very hot issue in the scope of patent in the world, since 20 years ago. With the epidemic of such world fatal infectious diseases, such as the SARS, Avian Influenza and Swine Influenza, the issue of Public health crisis in the developing countries becomes more serious than ever. TRIPS Agreement makes the high Price of Pharmaceutical Products legally and against access to drugs and vaccines related the infectious diseases in the developing countries. Analyzing four typical cases which happened in developing countries including Asia, Africa and Latin America, integrating theory with practice, this paper focuses on the relationship between patent system and public health on both economic and legal aspects, and discusses the legal defects on that issue, then adapted from the developed countries' experience finally makes some legal proposals and countermeasures according with the development of developing countries.The article is divided in three parts:First of all, the introduction of the cases and the proposition of the issue. The four typical cases reveal the contradiction between the right of health in developing countries and the patent right in developed countries, it is a preparation for the following parts. Secondly, the background and the analysis of the dispute. This part gives the background of the pharmaceutical patent and the public health crisis on both legal and economic aspects, and analyses the focus of the dispute comprehensively. After the analysis, it concludes that the public health crisis is not simply caused by the pharmaceutical patent system, the developing countries and the developed countries should work together to moderate or solve the contradiction. Thirdly, the reflection on the case-summarize the problem that the cases reflected, and give some legal advice and countermeasure to the developing countries.Pharmaceutical patent system as an interest policy on economic aspects, the main purpose of it is to provide incentives for Research& Development into Pharmaceuticals and accelerate inventions of new drugs and vaccines. The contradiction between Intellectual Property and the right to life and health has been existed for a long time, and hard to just simply choose one and desert another. Every right has the reason and effect to exist, the important thing is how to balance them, although it is so hard to do that. This paper shows people the contradiction and gives some suggestion to the developing countries. China as the largest developing country is confronted with the public health crisis as well, the purpose of this paper is to draw the society's attention on the public health to improve the legislation and social security system, protect the people's vital interest.