The Conflict And Coordination Between Drug Patents And Health Rights Protection Under The TRIPS Agreement

With the continuous development of freedom trade and scientific and technological progress,intellectual property rights have become an important right.Intellectual property and domestic policies and laws affect each other and continue to be externalized through international cooperation or economic power.The protection of intellectual property rights and the multilateral trading system are closely linked.Whether or not they meet the patent standards stipulated in the TRIPS Agreement has become a prerequisite for a country to participate in free trade on an equal footing.At the same time,contagious diseases are spreading.The virus is carried by developed traffic and quickly spreads from one area to another,leading to a global public health crisis.The protection of intellectual property rights the TRIPS Agreement,especially pharmaceuticals patents,has resulted in expensive patented medicines.The poor in developing countries are unable to afford high-priced patented medicines and the right to health is seriously threatened.This article takes the conflict between pharmaceutical patents and right to health protection under the TRIPS Agreement as an angle of view,analyzes the relationship between pharmaceutical patents and the right to health.Then combining the status of conflicts between pharmaceutical patents and protection of health rights,it analyzes the partiality of patent protection system under the TRIPS Agreement.On the basis of this,it proposes to give reasonable protection to intellectual property rights.From two aspects of entity rules and procedural mechanisms,it proposes a feasible paths for coordinating the relationship between pharmaceutical patents and right to health.The article is divided into three parts.The first part is the Legal Structure of the Right to Health Protection and Its Relevance to Pharmaceutical Patents.Starting with the nature of the right to health,it clarifies the basic human rights attributes of the right to health.Secondly,it analyzes the right to health from the perspective of the right and obligation of the right to health.Combining with the basic content of pharmaceutical patents,it analysis the relationship between the right to health and pharmaceutical patents at the material and institutional levels.The second part is the Institutional Conflicts between the Pharmaceutical Patents and Protection of the Right to Health in TRIPS Agreement.Firstly,it analyzes the legal protection of pharmaceutical patents which given by the TRIPS Agreement.And then it shows the main performances of the conflict between the pharmaceutical patents inTRIPS Agreement and the right to health protection.It includes the inconsistency in central target positioning,the divergence in the pursuit of core values,the contradictions in the establishment of regulatory obligations,and the constraints in the functioning of basic functions.From multiple angles,it analyzes the reasons for the conflict between pharmaceutical patents in TRIPS Agreement and the right to health protection system.It combines the tense relationship between pharmaceutical patents and the right to health,the institutional imbalance between pharmaceutical patents and the protection of the right to health and the legal imbalance between pharmaceutical patents and protection of the right to health.The third part is Coordination to institutional Conflicts between the Pharmaceutical Patent and Protection of the Right to Health.First of all,it elaborates the basic idea of harmonizing the protection of the right to health and the institutional conflicts of the pharmaceutical patents in TRIPS Agreement.Combining with the relevant adjustments and revisions of the TRIPS Agreement have been made by WTO,although related adjustments and modifications have not substantially resolved the conflict,this article intends to develop a system design for reconstructing the relationship between pharmaceutical patents and right to health from the substantive and procedural rules,makes suggestions on coordinating pharmaceutical patents in TRIPS Agreement and the right to health protection.