The Trips Agreement On Pharmaceutical Patent Protection Exceptions

According to article 7 of TRIPS, the protection and enforcement of intellectual property rights should contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations. However, along with the globalization of economy and the globalization of the protection on the intellectual property rights(IPRS), Protection of IPRS is not only a legal issue but also a political policy or economic measure to maintain global competition and to meet profound chage of global economy. IPRS increasing became the legal cover of monopoly and extension of rights ,which is in contradiction with the objective that IPRS should contribute to the promotion of technological innovation and to the trasfer and dissemination of technology and in a manner conductive to social development .The global crisis of public health demonstrates the disharmony,which provide an opportunity for WTO members to review IPRS regime under a multilateral trading system.Because the patent system on medicine have the substantial influence on the price of medicine ,and the price of medicine is the important factor in the provention and manipulation of the public health crisis in the developing members. So using the flexible provisions on patent rights of medcine is a advisable way for developing members to ease the crisis of public health .the thesis takes the public health crisis of the developing members as thread, to theoretically and practicaliy analyze the flexible provisions on patent rights of medcine in TRIPS.This thesis is divided into five parts,complemented by a short introduction:The first part is the induction. firstly, the part introduces the character and situation of global crisis of public health,secondly,the prat analyzes the influence of patent system on the price of medicine and the public health crisis in the developing members.lastly, the part come to the conclusion that it is the best way for developing members to empoly the flexible provisions on patent rights of medcine in TRIPS.Part two mainly discusses the theory of exception on the protection of patent...