Study On The Conflict And Coordination Between Pharmaceutical Patents Protection And The Access To Medicine

The establishment and the development of the patent system,inspired the vitality of technological innovation.With the coming of the knowledge economic era,patent system is increasingly important,and plays an important role in many fields,such as economy,society,etc.As a necessity of ensuring public health,medicine should be included in the scope of patent protection has long been controversial.Until the 60 s and 70 s of the last century,developed countries represented by Germany to extend the object of patent protection to the field of medicine,for the first time.The "Patent Law",which be set in 1984,provided for the patent protection of the method of the drug in our country for the first time.In recent years,with the high frequency of public health incidents,which has attracted more and more attention.Among them,obtaining diffcultly drugs is one of the challenges faced by public health in society.Take AIDS,for instance,according to statistics,until 2014,almost 36.9million people estimated to be infected with the virus,and the number of HIV infection nearly half a million in China.Large amount of AIDS patients need to receive a special medication.But,at present,most of AIDS drugs are protected by patents,which makes the price of AIDS drugs becomes expensive and beyond the ability of most patients to afford,there is a need to improve the access to drugs.It is necessarily must be solved problem in property field that coordinates the conflict between pharmaceutical patents and the access to drugs.This paper takes the conflict between pharmaceutical patents and the access to medicine as the main lines.First,explores the basic knowledge of pharmaceutical patents and the access to medicine.Based on the regulations that the protection of pharmaceutical patents in the patent law in our country,introducing the relative knowledge of pharmaceutical patents and the access to medicine,and pointing out the existing problems of drug accessibility.The second,analyzes the conflict relationship between pharmaceutical patents and the access to medicine,which is elaborated from the resons and performances of conflict and some other aspects,and further analyzes the present situation of drug patent protection and the effects of drug accessibility under the background of the TRIPs agreement.The third,analyzes and references to the existing resolution mechanisms of conflict of drug accessibility and drug patent protection from the angles of theory and practice.Mainly includes compulsory license,parallel import,and several differential pricing,etc.The last,puts forward the countermeasures to coordinate the conflict of drug accessibility and drug patent protection.From the legislation aspect,the patent law in ourcountry are analyzed in the aspect of improving drug accessibility of defects,and then offers the suggestion after analysis the legislative defects.In addition,other conflict resolution mechanisms,the author thinks,that from the promotion of domestic pharmaceutical enterprise independent innovation ability,the improvement of the system of basic drugs and its role in non-governmental organizations to coordinate conflict between patent protection and drug accessibility,to improve the drug accessibility in our country,to promote the development of social and public health.