Conflicts And Coordination Between The Protection Of Citizens’ Right To Life And Health And The Protection Of Drug Patent Rights

As one of the basic human rights,the right to life and health is a basic right that everyone enjoys.Whether it is an international human rights convention or a domestic law,it is stipulated as a basic human right.With the rapid development of science and technology,intellectual property rights,as an important civil right,the protection of intellectual property rights has been promoted to the development strategy of many countries,especially developed countries.Since human beings cannot get rid of diseases,they need medicines for treatment,which makes medicines a commodity different from other commodities-medicines are naturally associated with human health.As the protection content of intellectual property rights,drug patent rights are closely related to people’s protection of life and health,but the different attributes of the two rights lead to conflicts between the two.In order to better coordinate the conflict between the protection of the right to life and health and the protection of drug patent rights,many efforts are needed.Through the research on the right to life and health and the drug patent system,this paper analyzes the problems in reality,and balances life by improving the legal framework system,improving my country’s drug patent linkage system,promoting the development of generic drugs,and improving my country’s medical security system.The right to health and the benefits of pharmaceutical patents.The body of this article is divided into four chapters.The first chapter lays a theoretical foundation for resolving the conflict between the right to life and health and the patent right for drugs,including the importance of the protection of the right to life and health,the current situation of the protection of the right to medicine patents,and the relationship between the protection of the right to life and health and the protection of drug patents.The second chapter mainly analyzes the manifestations and reasons for the conflict between the right to life and health and the protection of drug patent rights.The manifestations of conflicts are mainly due to the hidden dangers of system abuse brought about by the monopoly of patented technologies,the reduction of access to drugs caused by patent protection,and the threat to citizens’ lives and health by the occurrence of public health crises;the causes of conflicts are mainly from the theory of conflict of rights to analyze the actual causes of conflicts between the two.And through case analysis,we will explore the urgent problems that need to be solved in the conflict between the protection of citizens’ right to life and health and the protection of drug patent rights.The third chapter discusses the coordination of the right to life and health and the protection of drug patent rights,including the basic principles that should be followed in coordinating the conflict between the two,the current situation of China’s coordination of the protection of citizens’ right to life and health and the protection of drug patent rights,and the experience of extraterritorial coordination and enlightenment for China.The United States coordinates the conflict between the original drug and the generic drug industry through the establishment of a drug patent link system,and promotes the harmonious development of the original drug and the generic drug;Japan controls the inflated price of drugs and improves the accessibility of drugs through the universal medical insurance policy and a unique drug price control method;India,as a developing country,the generic drug industry is strongly developed,and the application of the patent compulsory licensing system protects citizens’ right to life and health.The forth chapter puts forward the path of coordination between the protection of the right to life and health and the protection of drug patents in China.Combined with the theoretical analysis and current situation analysis of the first three chapters,corresponding suggestions are put forward to improve China’s laws,regulations and medical security system,and better protect the right to life and health and the right to drug patents.