Study On Pharmaceutical Patents Under Trips-plus

The benefits brought by the knowledge-based economy have a profound impact on economicdevelopment and social progress of a country. In spite of several revisions on Trips Agreement, it’sstill unable to meet the demand of intellectual property protection of developed countries. Led bythe U.S.,developed countries frequently signed free trade agreements with developing countries inrecent years, which includes many Trips-plus provisions refer to pharmaceutical patents whichimposed more stringent conditions than Trips requires on developing countries. The paper is meantto give a systematic and deep research on the most representative American pharmaceutical patentsunder Trips-plus, analysis its motivation as well as specific rules, then analysis the influence onpublic health combined with typical cases, lastly discuss how we position ourselves and whatcountermeasures we should take to deal with Trips-plus according to actual situation of publichealth protection of China. The paper has been divided into four parts including introduction, bodyand conclusion, while the body has been divided into four parts:The first part is to introduce the process of pharmaceutical patents protection from Trips toTrips-plus and reveal the conflict between pharmaceutical patents protection and public health.Pharmaceutical patents under Trips-plus go against to drug accessibility of developing countriesand make them come to face severer challenge in public health protecting.The second part mainly focus on a comment on pharmaceutical patent provisions, includingextend the term of protection, offer exclusivity protection for testing data,limit compulsory licenseand parallel importation conditions, introduce the patent link system, admit the old drugs for newpatent and so on. Then reveal the distinction between these provision and Trips Agreement, as wellas Doha Declaration.The third part is to expound the affecting of pharmaceutical patents under Trips-plusprovisions. Integrating theory with practice, this part suggests that Trips-plus rules set barriers todrug accessibility, inhibit the technological progress, meanwhile increase costs associated with the social welfare and legislation. Based on the above results, this part has discussed the balance andcoordination between public health and pharmaceutical patents under Trips-plus.The fourth part has pointed out that China is facing serious problems of public health. As adeveloping country mostly relying on generic drugs, there exist some imperfect points that goagainst to the development of generic drugs in pharmaceutical patent system. This part finally hasgiven several suggestions to improve our ability to respond to Trips-plus and improve thelegislation.