Conflict And Coordination Between Pharmaceutical Patent Protection And Public Health

The public health problems caused by infectious diseases and severe chronic diseases have always been the focus of the international community.The number of patients with AIDS,atypical pneumonia,CML,advanced cancer and other diseases continues to rise,but due to the limitations of the region or economic conditions,patients often cannot get effective treatment drugs,which leads to serious public health problems.The main reason that patients can't get treatment drugs is the patent protection of drugs.In the past hundred years,there has never been a debate on whether drugs should be patented.At the beginning of the patent system,drugs were not covered by the patent system.It was not until the first half of the 20th century that drug patents were officially included in the protection scope of some national patent laws.Although the pharmaceutical patent system has greatly promoted the progress of medical treatment and pharmaceutical technology,due to the monopoly of the patentee on the pharmaceutical market,the price of patented drugs is expensive,which limits the popularity of patented drugs in countries and regions with low economic development level,and thus has a negative impact on local public health.Therefore,how to coordinate the relationship between drug patent protection and public health needs is an urgent problem.In addition to the introduction and conclusion,this paper mainly includes five parts:The first part introduces the basic concepts.First of all,the concept,types and basic characteristics of drug patents are described in detail.Then,according to the logic of time,the development process of drug patent protection in China's patent law is described.Then,the author analyzes the concept and characteristics of public health,followed by the provisions of international law on public health protection.The second part first introduces the current situation of public health protection in the world.Based on this situation,the author puts forward the causes of the conflict between drug patent protection and public health,which are the conflict between the irreplaceable role of patented drugs in protecting public health and the high drug price;the conflict between the high dependence of drugs on patent system and the high drug price caused by patent system;and the conflict between the value direction of drug patent protection and public health protection..In order to solve the conflict between the two,the author puts forward the importance of balancing drug patent protection and public health,and analyzes it from the perspective of jurisprudence.The third part discusses the judicial practice of coordination between drug patent protection and public health in relevant countries.In this part,the author gives evidence of international judicial practice of different development levels,such as compulsory drug licensing in Malaysia and Germany,parallel drug import in Switzerland and the Philippines,and some drug patent protection systems in the United States.By listing the different positions and judicial practices of different developing countries on balancing drug patent protection and public health,this paper analyzes the root causes that affect drug patent protection and public health.In the fourth part,the author first analyzed the current situation of drug patent legislation in China.Then,the problems and shortcomings in balancing the protection of drug patents and public health in China are analyzed.By comparing and thinking about the drug patent system and practice of other countries in the world mentioned in the previous chapter,this paper concretely analyses some problems existing in the drug patent legislation of our country in terms of the text,the specific legal system and the operability of the law.The fifth part,aiming at the problems and shortcomings in drug patent legislation proposed in the previous chapter.The author puts forward some suggestions for improvement.It includes perfecting the legal regulation of compulsory licensing of pharmaceutical patents,perfecting the legal regulation of parallel import of patented drugs,etc.Comparing with the previous research results,the novelty of this paper lies in the author's focus on the international community.By proving the practical cases of coordination between drug patent protection and public health conflicts in different developing countries,and comparing with the relevant drug patent legislation practice in China,the author analyses the drug patent legislation and practice in China.The shortcomings and corresponding suggestions are given.