Public Health And International Protection Of Intellectual Property Rights

At present, internationalization of the protection of IPR is actually globalization of implementing full western-style IPR standard. The global crisis of public health demonstrates the disharmony of adoption of single IPR regime to diverse background, which causes global discussion on the rationality of international protection of IPR. The WTO General Council successively adopted "Declaration on the TRIPS Agreement Public Health","Implementation of Paragraph 6 of the Doha on the TRIPS Agreement and Public Health", "Proposal for a Decision on an Amendment to the TRIPS Agreement" to clarify the provisions relating public health in the TRIPS Agreement , which allow the developing countries and the least-developed countries procure the essential medicines to address the Public Health problems. The thesis is composed of five parts. Starting with globalization of the crisis of public health, part one and two re-examines the negotiations that led to these Agreements and assesses its likely impact. Part three probes into the issues of reasonable protection of IPR . When the IP rights are contradicted acutely with the rights of health, the thesis argues that the later should be put first in some cases. Part four and five clarifies the flexible provisions of TRIPS and makes a short survey over the changing of Chinese patent system before and after China' s entry into the WTO. In my opinion, after the entry of WTO, It is necessary for China to fully study the...