Studies On The Pharmaceutical Patent In TRIPS Framework

Because of the implementation of the TRIPS Agreement,developing countries were forced to adopt the same standards as the developed countries to protect intellectual property rights.Under TRIPS,pharmaceuticals which are a kind of special commodity related to human health and life must also be protected by patents.Having been granted pharmaceutical patents,the patent holders acquire exclusive rights to the pharmaceuticals,which make the price of drugs very high due to lack of competition.Patients in developing countries are difficult to afford such expensive drug.The conflict between public health interests and the interests of patent holders become very intense.Doha declaration pointed out the way to address the public health problems for developing countries under the TRIPS framework-making full use of the provisions in the TRIPS Agreement,which provide flexibility for public health purposes,to develop and implement their pharmaceutical patent systems.From the perspective of international law,this paper first introduces the related concepts of drug patent system and the public the right to health,enumerates the TRIPS agreement about the content of the drug patent protection,as far as the development of drug patent system under the TRIPS agreement,rules,defects,etc.,and for the "TRIPS agreement" to protect public health flexibility in terms of system analysis,probes into the international community and China in the face of the public health problems when facing the problems and counter measures.