Conflict And Coordination Between Drug Patent Protection And Public Health

Since the outbreak of COVID-19 in early 2020,it has spread rapidly in many parts of the world,which has triggered a global public health crisis.The international community is eagerly looking forward to the research,development and clinical application of drugs such as specific drugs and vaccines to treat COVID-19.The purpose of patent protection for drugs is to encourage drug R & D and innovation and promote social health.However,the drug patent protection system is also a double-edged sword.While encouraging drug innovation and promoting the creation of new drugs,the high price of patented drugs affects the accessibility of drugs,resulting in public health problems.The conflict between drug patent protection and public health is inevitable and must be solved.How to coordinate the conflict between drug patent protection and public health has always been a hot topic concerned by the international community.Developed and developing countries have carried out a series of negotiations under the framework of TRIPS agreement,which provides a way to solve the problem.However,due to the different development status and positions of developed and developing countries,it is difficult to reach a consensus on drug patent protection and public health.As a developing country,how to coordinate the conflict between drug patent protection and public health is of great significance,because it is not only related to the probability of litigation and arbitration in the use of patented drugs,but also related to the public health and social development of our country.This paper is divided into five parts:The first part is the introduction.The purpose of this study is to coordinate the conflict between drug patent protection and public health under the background of public health crisis caused by COVID-19 global pandemic,so as to improve the accessibility of drugs.On the basis of expounding the current research situation at home and abroad,this paper introduces the research methods and ideas of this paper.The second part is the overview of drug patent protection and public health conflict.First of all,it expounds the concept of patent and patent system,the types and characteristics of drug patent protection.Then,according to the definition of the right to health and the right to public health in the international community,combined with the current situation of social development,this paper summarizes the meaning and scope of public health studied in this paper,and summarizes the current situation of public health in the world.Finally,it discusses the performance and reasons of the conflict between drug patent protection and public health.The third part discusses the legal basis for coordinating the conflict between drug patent protection and public health.First of all,this paper analyzes the necessity and feasibility of coordinating the conflict between drug patent protection and public health from the perspective of jurisprudence,and then discusses that the principles of human rights and the principle of balance of interests should be followed when coordinating drug patent protection and public health.The fourth part introduces the international legislation and judicial practice of drug patent protection and public health.First of all,sort out the system contents related to the coordination of drug patent protection and public health conflicts in international treaties such as “the TRIPS Agreement”,“the Doha Declaration” and“the Resolution of the General Council”.Then it summarizes the main institutional paths for the international community to coordinate the conflict between drug patent protection and public health,and expounds the three systems of compulsory license of drug patent,parallel import of patented drugs and “ BOLAR ” exception in combination with the judicial practice of developing and developed countries,and explores the system preference and reasons of developed and developing countries,and summarizes the development trend and practical experience.The fifth part discusses the current situation and improvement of coordinating the conflict between drug patent protection and public health in our country.First of all,this paper introduces the provisions and development of drug patent protection in the laws and regulations of our country.Then it discusses that there are some shortcomings in coordinating the conflict between drug patent protection and public health,such as the operability of drug patent compulsory license system is not strong,the legal regulation of parallel import of patented drugs is not perfect,the ability of drug R & D and imitation in pharmaceutical industry is backward,and the right to participate in public health issues is not fully reflected.Finally,some suggestions are put forward in view of these deficiencies.