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The Conflict And Coordination Between Biological Pharmacy's Intellectual Property Protection And Public Health

Posted on:2012-06-18Degree:MasterType:Thesis
Country:ChinaCandidate:Y F GaoFull Text:PDF
GTID:2216330371955494Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Chapter One starts from the introduction of biological pharmacy's patent protection. Patent protection, drug access and human being health have close relationship. As there are more and more public health crisis in the last 10 years, such as SARS, bird flu, H1N1 flu and AIDS lasting for long time. When crisis was coming, the drugs for the disease were always in high price, and even sometime you cannot get it with enough cash. That's because these drug are patent biological pharmacy medicine. They are restricted controlled by the biological pharmacy companies from developed countries mainly US and the European countries, those who have the patent rights given by the patent law. Time and time again. Developing counties are not satisfied with the action from developed counties. TRIPSâ‘ is the baseline for intellectual property for all the WTO members.Chapter Two focuses on the relationship between pharmacy's patent protection and public health, which is the core part of this paper.Chapter Three focuses on US and Europe. The United States and other most developed western European governments have a long history of stressing for strong patent protections in international trade and other agreements to protect important domestic industries such as biological pharmaceuticals and ensure continued incentives for further new investments.Chapter Four goes back to our country. China starts the intellectual property protection far later than the developed counties in 1980s, but we made rapid progress in creating the legal system for intellectual property protection. We are facing some problems on biological pharmacy patent protection. We can study the experiences from western counties and improve our legal system to serve the public health of Chinese citizens.
Keywords/Search Tags:Patent, TRIPS, Bolar exception, SPC
PDF Full Text Request
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