The Legal Research On The Medicine Patent Protection Under Trips

Intellectual property has always being a thorny issues for the member state of the WTO. As the TRIPS agreement came into effect, drug efficiency, safety, and other traditional problems have been replaced by other problems, the way to access to drug when the public health faced threats. After the implementation of the agreement, more and more data shows that the introduction of more stringent protection of intellectual property is in accordance with the requirements of TRIPS and it has caused a lot of social and economic problems.In today's world, the possibility of the spread of infectious diseases cross-border increases.Many of the unknown virus or bacteria of area limitations previously may spread quickly all over the world with the flow of people and goods. Every year, about 14 million people died of infectious diseases.Among this, many could have been prevented or treated. The mortality rates are particularly high in developing countries. Therefore, it is very important to supply the effective and affordable drugs and for people,the accessibility of these cheap medicines and timely treatment is also an important issue. The international community urgently needs close cooperation and makes efforts to develop stringent system for the prevention and treatment of those known or unknown virus and bacteria which will spread all over the world, and also in order to protect the public health and survival security. This paper focus on how to protect the intellectual property of drugs and public health within the framework of "Doha Declaration about TRIPS agreement and public health", and point out the weakness of legal provisions and put forward favorable proposal in China.