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Conflict And Balance Of Pharmaceutical Patent Protection And The Public’s Right To Health

Posted on:2017-02-22Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q HuangFull Text:PDF
GTID:2296330485494622Subject:The method of sociology
Abstract/Summary:PDF Full Text Request
In the formulation process of international intellectual property protection rules,the game is essentially a process of developed and developing interest demands,,developed countries with the advantage of economic, technological and political thereof, put themselves in a dominant position, after making appropriate concessions parties formed the International Convention on intellectual property protection, and the protection of intellectual property in Member States standards must meet the minimum requirements of international conventions. However, in the interests of the game, the mandatory use of a single drug patent protection system, regardless of differences inevitable discordant voices, the emergence of a global public health crisis on the highlights of this discord, the discussion caused pharmaceutical patent protection and the public right to health of conflicts and coordination problems. Therefore, under the premise of patent medicines and how to achieve a balance between the public right and health is very important, which is conducive to our country in accordance with international treaties on drug patents are fully protected, against the risk of litigation and arbitration, but also actively respond to public health crises, resolve risks.This passage is divided into five chapters: Chapter 1 provides an overview of the background and present situation of research articles at China and overseas, introduces research thinking and technique, and the integration of innovative research and shortcomings.Chapter 2 mainly from the pharmaceutical patent rights and public health concepts describes its interpretation and its legal basis, to pave the way for the following deployment.Chapter 3 analyzes the causes of the conflict situation and pharmaceutical patent protection and the right to public health. In the present situation, analyzes the multinational v. Government of South Africa and other cases, but also analyzes the current special situation of our country. In terms of the causes, which were analyzed mainly from the economy, society and legal systems three levels.Chapter 4 discusses the balance of the international community to coordinate pharmaceutical patent protection and the right to public health progress, in-depth analysis of controversial content TRIPS Agreement, the Doha Declaration and the resolutions of the General Council, legal status and limitations, for developing countries making a difference in what areas.Chapter 5 How to establish a balance between the mechanisms of drug patents and public health, follow the principle of balance of interests on the basis of the right to health is better than property rights putting forward the author’s own views for the adjustment of China’s patent system.
Keywords/Search Tags:pharmaceutical patents, public health, coordination, TRIPS Agreement, Doha Declaration
PDF Full Text Request
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