Coordination Between Drug Patent Rights And Public Health Rights From A Human Rights Perspective

Since the intellectual property system came into being, it is of benefit to the enthusiasm of human creation, to the development of science and technology, to the realization of human rights and social progress. With the development of globalization, the standard of intellectual property protection is dominated by the developed countries began to enter the international, develop to the direction of globalization. This effect is directly generated, the relationship between human rights and intellectual property rights of the adjustment, the conflict between the pharmaceutical patent right which is value of research and public health right.In this paper, based on relevant research at home and abroad, with the conflict of rights theory as the main line, the pharmaceutical patent right and public health right is studied deeply, and at the end of the thesis are innovative results. In this paper, the first private attribute of intellectual property is discussed, and the differences between intellectual property and human rights and similarities do distinguish and compare. Secondly, introduced in the current global public health threat situation, a series of measures taken by the international community as well as the solution to the problem. And introduces some related system of our country and the international community on this issue, trying to get the best coordination mechanism. Finally, based on the current situation in China, the research methods and policy suggestions on the construction of pharmaceutical patent right and public health right forward.On the way of solving the coordinated development of drug patent rights and public health rights, the government should take measures on drug accessibility to improve China’s pharmaceutical industry independent innovation ability, to lower the price of drugs, to alleviate the problem of "difficult to buy drugs". Perfect patent law, guarantee the legitimate rights of pharmaceutical enterprise, enforce compulsory import measures, promote the coordinated development of pharmaceutical industry in China.