Research Of Replying Public Health Crisis Based On Patent Law

In order to adjust the development of the science and technology and promote technology communication, patent system had experienced a process from excluding completely to giving international protection. The patent system still acting a vital role to keep up with the sustainable development of pharmacy after signing the Trade Related Intellectual Property Rights (TRIPS).However, patent rampart bring to some disadvantages such as public health crisis, and begin to appear in public sphere of global range, and the discussion that the legitimacy of pharmaceutical patent system and the conflict between public health right and pharmaceutical patent is not be interrupted. Meanwhile, Doha Declaration and Implementation of paragraph 6 of Doha Declaration on the TRIPS Agreement and public health have made contribution to resolve the conflict and access to medicine, whereas some problem of public health have not be solved because of these documents are negotiated and compromised. Developing countries appeal to resolve the conflict. According to the frequent public health crisis, the author focus on the conflict between public health right and pharmaceutical patent, and put forward a series treatment scheme. Concretely, this paper is divided into seven section:Part 1 mainly introduces the basic concept of pharmaceutical patent, the effect of pharmaceutical patent to pharmaceutical industry and some problem existing in this system.Part 2 analyzes the cause of patent system, mainly focus on legitimacy crisis of intellectual property.Part 3 using rights conflict theory to analyze the reasons and manifestations of conflict, this part discuss some principle to deal with conflict as well.Part 4 is new examination of rights conflict according to the international human rights documents, and this part gives an evaluation of reasonable and improper section.Part 5 introduces the successful experience of deal with domestic public health problem in three countries, these are Canada, Brazil and India.Part 6 with a view to the most severe public health crisis that our country is facing, simultaneously, analyze the main dilemma.Part 7 is the solution of previous problems, stand on ourselves legislation and policy then put forward different solution of legislation and non-legal way.