Research On Drug Patent Protection Issues Under The TPP Agreement

With the rapid development of creative intellectual labor in the global scope of the rapid development of science and technology and global economic liberalization process,intellectual property occupied a number of important areas,such as aerospace,medicine,construction,industry,art,etc..It can be everywhere and very important.TPP is a hot topic in recent years,in which the contents of the intellectual property section is one of the most controversial areas,and drug patent protection is the most important issue.Because drug patents involve huge social and economic interests,it is not as affordable as other patents can be chosen to give up,it is essential to the maintenance of public health.Therefore,it is of great theoretical and practical value for the study of drug patent maintenance and public health in TPP.Based on the extensive collection of relevant laws,regulations and data,this paper analyzes and demonstrates the problems existing in the protection of intellectual property rights of drugs in TPP,based on the basic theory of international rules related to patents and the relevant provisions in TPP agreements,and give some suggestions to deal with the high standards of countermeasures for protecting our benefits.This article has four chapters,the core contents are as follows:The first chapter explores issues related to drug patent protection and public health.It is imperative to carry out intellectual property protection of drugs,including four aspects: to encourage the original invention to the industrialization of the drug industry;to enhance the competitiveness of the market,so as to promote innovation;strengthen drug safety,reasonable guidance and configuration of technological innovation resources.But also introduced the pharmaceutical patent investment,technical requirements,researchers,long research cycle and low success rate of industry status,and put forward the need to maintain public health.Finally,it summarizes the contradiction between the protection of drug patent and public health,and paves theoretically for the analysis of TPP effect.The second chapter analyzes the content of TPP and its influence in TPP.Among them,the content of the main part of the drug from the experimental data protection,the patent period of the adjustment,the scope of the patent can be granted to the patent and drug patent link system to introduce these four aspects,and finally revealed under the TPP high standard patent protection system within a short period of time Bring some of the disadvantages than the impact of profit.The third chapter introduces the coordination plan of patent protection and public health contradiction under TPP.It introduces the legal practice of patent protection and public health contradiction in some countries and regions,including TRIPS and three other representative legal practices,And then learn from the experience,put forward the coordination of drug protection under the TPP patent and public health conflict feasible way.The fourth chapter explores the influence of TPP on our country and puts forward some suggestions for our country to deal with TPP drug patent protection system.Firstly,it introduces the way of three kinds of TPPs affecting China: strict law enforcement measures,interdependence with foreign countries in TPP member countries,and national treatment and MFN principle.Secondly,it points out the relevant legal practice and the public Health status;Finally,China's TPP for drug protection under the protection of the proposed policy recommendations,which is the purpose of this writing and the ultimate meaning lies.