Under The Theory Of Drug Patent Compulsory License System Of Interest Conflict And Balance

The spread of HIV, the SARS epidemic, and the outbreak of the avian flutake the public health to the brink of danger. This phenomenon make peopleincreasingly concern about the compulsory licensing of drug patents. In recentyears, because of the developing countries’ and the least developed countries’unremitting efforts,the compulsory licensing of drug patents have beenincluded in the international convention. And contributed to the signing ofthe Agreement on Trade-related Aspects of Intellectual Property Rights, theDoha Declaration on the TRIPS Agreement and Public Health, the WTODecision on Implementation of Paragraph6of the Doha Declaration and theAmendment of the TRIPS Agreement Protocol. It plays an important roal insolving public health crises and the conflict of stakeholders under patentprotection. But the conflict of pharmaceutical market monopoly and effectivecompetition, the subsequent inventions, the conflict of the drugs patentmonopoly and the right to health of public, as well as the conflict ofdevelopment interests between countries are obviously. It is only the outcomeof the struggle in all political forces, not the real balance of interests. Sothrough what kind of system design to address today’s public health crisis onthe basis of long-term perspective in the existing compulsory licensing systemis the originally writing motivation of this artical..This paper begin with the emergence and development of the compulsorylicensing of drug patent, and then analyse the subject of rights and theconflict between rights under the public health crisis on the basis of a varietyconflicts under the compulsory licensing of drug patent system, in order tograsp the nature of the conflict interest. Finally, according to the principles ofbalance the conflict and the system defects under the compulsory licensing ofdrug patent, I proposed the measures to perfect it on the legal system, Andproposed compulsory licensing should stimulate pharmaceutical innovation onthe basis of the protection of public health, with a view to solve the growingpublic health problem fundamentally.