On The Balance Between Intellectual Property And Public Health Interests Within The WTO Framework Legal Mechanisms

The system of Intellectual Property protection should be an effective measure topromote investment and technological innovation. However, TRIPS Agreement hasset the minimum standards of patent protection for the WTO members, regardless ofthe economic level and impact on the fulfillment of the basic Human Rights. Thestrict patent protection would for sure raise the prices of drugs and consequentlyreduce the affordability of drugs. The current epidemiological state of the HIV/AIDS,Tuberculosis, Malaria and other diseases around the world reflect the conflictsbetween Intellectual Property and the health rights. Obviously, TRIPS Agreement hasa negative impact on the realization of the right to health.The author takes the global public health crisis as an example, from the angle ofinternational law, attempts to depict the trait of international Intellectual Propertyprotection and the marginal status of developing countries, to systemically analyze therelated provisions in TRIPS Agreement and to probe into the issues of reasonableprotection of Intellectual property. The author argues that thoroughly implementingall the measures permitted by the TRIPS Agreement is the best way to achieve thebalance between the patent protection and public health. After analyzing relevantregulations in the TRIPS Agreement Doha Declaration and Declaration on Paragraph6 of the Doha Declaration, the author clarifies the compulsory license, parallel importand other flexible items under the WTO regime. So this dissertation can be used forreference to the availability of drugs of developing countries.