The Conflicts Between Pharmaceutical Patent And The Rights To Public Health

As known, the patent system can promote technology innovation, develop human civilization in science and technology field. Because of the high cost, as well as long-time research, the drug developing and manufacturing industry needs more protection from the patent system. However, on the other hand, the drug itself, especially essential drugs, as a special commodity, is closely related to our daily life. With the importance of constituting the basis of the right to health, access to medicines is an important and necessary part of the realization of basic human rights of all the people in this world. Thus, Pharmaceutical patent system has positive significance from the view of drug development and promotion of innovation, as well as the long-term promotion of human health level. But under the pharmaceutical patent system, the development cost, business risks and profits will be calculated within the drug price, which will lead to the price much higher than its actual cost of the production directly. Drug accessibility problem is prominent, particularly in most of developing countries, when some fatal diseases have no alternative cheaper drugs available. The contradiction between the private interest of pharmaceutical companies(usually a multinational from the developed countries) and the public health of developing countries will become extremely sharp when comes to the problem of access to medicines, especially essential drugs. When the two interests are put together, one side is the public health right of developing countries, on the other side is the future prospect of all mankind, in the middle is the pharmaceutical patent system. How to weigh and find compatible solution towards this problem will be discussed in this paper. Drug accessibility and human public health maintenance and continuation of all human life are bound together with the realization of the basic human rights.The first part of this article states about the West Africa epidemic began last year, then discuss about the particularity of the global system of the drug patent under the system of intellectual property------ that patent system is not only for the unilateral interests of the patentee’s, also should take the balance with social public interests, which is long-term development interests. The system of intellectual property has been the pursuit of the "rational and maximize the protection of the target". However once the pursuit beyond the scope of reasonable, the majority of the human collective welfare, the patent system especially the drug patent system will be questioned by the public.The second part of the article discuss about the right of public health and also drug accessibility to public health, which is the common interests of all mankind, as one of the basic human rights can not be discarded with the natural rationality. But in fact, even if the public health right is announced as a legal right, still cannot be confirmed that the citizens can totally enjoy this right------ this is because of the realization of the right to health is not spontaneous------ that is the important reason why countries should bear the responsibility of national and also international obligations on public health and deal with the health crisis together.The third part of the article states about the conflict between pharmaceutical patent and public health right, then try to discuss about the general solution towards the conflict. The patent right and the right to health both are the basic human rights that recognized in the international community. The patent right and the right to health in their own legal system are both very valuable rights. Drug patent system, through research and development to stimulate and support drug development, in the long run, is complement with the right to health, definitely without conflict. But because based on the different level of development, developed countries and developing countries together with the least developed countries have different standpoints towards the protection of patent right and the right to health. International minimum standards of drug patent protection will inevitably become a huge obstacle to public health problems in developing countries. The last of this part talks about the general solution,------ the compulsory license for drug, drug parallel import and generic drugs, three practically significance solution for the conflict of pharmaceutical patent and public health right.The fourth part of the article reviews the new development of the mechanism of TRIPS protocol to coordinate international drug patent and public health right conflict. Since the TRIPS agreement came into effect, access to drugs and other issues of public health threats becomes the biggest problem. The balance of private right of the owner of intellectual property rights and public interests on the agreement, has led to a discussion for the TRIPS protocol of the international community, which also contributed to the Doha declaration, sixth implementation of the agreement and finally, the TRIPS protocol thirty-first revision, this part is mainly to discuss the positive significance and limitations of the three historical background, modify of the content. The welfare of all mankind under the drugs patent system especially the international treaty still need to be improved.As the ending section the fifth part try to discuss the coordination between international protection of pharmaceutical patent right and right of public health. The first part summarizes the background of three amendments in the patent law of China according to the TRIPS protocol. Then discuss the improvement of the public health condition in China.According to the International Convention, both patent right and the right to health is the basic human rights recognized in the international community. Seeing from the long term, these two rights have no conflict with each other. But from different economic standpoint, especially in developing countries, the public health crisis caused by drug patents with international minimum standards of protection will inevitably become a huge obstacle to public health problems in these countries. Solving the conflict and achieving harmonious coexistence of these two rights is the main discussion under this article.