A Study On The Pharmaceutical Patent Rules In The Trans-Pacific Partnership Agreement

Under the WTO multilateral system,the developed countries,led by the United States,attempted to improve patent protection standards for pharmaceuticals.The attempt was only partly achieved because of the boycott from developing member states of the WTO.Therefore,the developed countries adopted the forum transfer strategy,and they want to promote high standards of drug patent protection through a series of free trade agreements.The patent protection rule for pharmaceuticals under the Trans-Pacific Partnership Agreement represents the latest achievement of TRIPS-plus.As the largest developing country,China has been excluded from the TPP negotiations.However,once the pharmaceutical patent rule of Trans-Pacific Partnership Agreement implemented,it will have a huge impact in the international arena.We should grasp the evolution of TPP pharmaceuticals patent protection rule,analyze these rules such as Protection scope,Protection period,Patent Links,Protection of undisclosed test data,introduce the claims and disagreements among States on these issues during the negotiation,compare the final text with the relevant rule of the TRIPS Agreement.TPP Pharmaceutical Patents Rules will weaken the existing multilateral protection system,exacerbate the imbalance between public health and drug patent protection,decentralize the right to speak in developing countries and increase their burden.As the largest developing country,we should analyze the status of public health and the development of pharmaceutical industry and Drug regulation,compare the pharmaceutical patent rules of domestic law with those of TPP,summarize the situation of the Pharmaceutical patent protection in the free trade agreement between China and foreign countries.According to the analysis above,We should be cautious about the TPP pharmaceutical patent rules,combine with the actual situation of domestic and international development to guidance the Pharmaceutical industry,improve supervision and legislation.And we can also joint Developing countries to Strive for the Discourse power of rule-making.