How To Improve The Protection System Of Drug Data In China Under The Background Of TPP

Pharmaceutical is a special merchandise which is closely related to human health. Thus, most modern countries choose to establish a strict administration system for drug approval. Furthermore, these countries have also established a system of generics in which the approval of generics is simplified. However, it appears somewhat unjustified for branded manufacturers who have paid a significant effort in order to obtain a great amount of data. Therefore, most countries have established a system of pharmaceutical data protection, which provides protection for data as submitted by manufacturer during the approval of drugs. On the other hand, Trans-Pacific Partnership Agreement(TPP) was officially signed on February 4, 2016, which involves a number of intellectual properties related provisions which exceed TRIPS, including pharmaceutical data protection. Because China is excluded from TPP, some analysts believe one of important purposes of TPP is to impede the arising of China. In order to face challenges resulted from TPP, it is necessary to study how to improve pharmaceutical data protection in China.Previously, a number of researchers mad a lot of studies on pharmaceutical data protection, but few people have studied how to improve pharmaceutical data protection in China in the background of TPP. The author has looked over the origin of pharmaceutical data protection and reviewed the existing systems of pharmaceuticl data protection in various countries, in order to find out something beneficial for improving the system of pharmaceutical data protection in China. Then, the author has compared provisions in TRIPS and TPP, so as to show the greatly increased level of protection in recent twenty years, which indicates a great challenge for our country. Subsequently, the author has analyzed the relationships between pharmaceutical data protection and trade secrets as well as between pharmaceutical data protection and patent rights, so as to prove that pharmaceutical data protection should be distinguished from common trade secrets. Finally, the author has showed the great progress of the national pharmaceutical industry in recent years, and presented some suggestions on how to improve the system of pharmaceutical data protection in China in this background.