Conflict And Coordination Between Drug Patent Protection And Public Health

In recent years,public health incidents have occurred frequently,especially the spread of COVID-19 virus(hereinafter referred to as covid-19).Public health issues have attracted more and more international attention.Among them,the problem of drug accessibility has become the main obstacle to solving public health problems,and the drug patent protection system leads to the high price of drugs,which makes it difficult to obtain drugs,and there is a conflict between drug patent protection and public health.As a developing country,China’s social and public health status is not optimistic.Leukemia,AIDS and other diseases are still important obstacles restricting national health,and the main drugs for treating these diseases are still patented drugs in other countries.Now,in the face of the domestic and international public health problems caused by the COVID-19,how to balance the relationship between the patentee and the public interest on the premise of achieving the accessibility of anti epidemic drugs,and properly handle the relationship between drug patent protection and public health is a problem we must consider at present.Taking the conflict between drug patent protection and public health as the main line,the first step is to analyze the theoretical knowledge of drug patent protection and public health,including their concepts and characteristics,their conflict manifestations and causes.The second step is to sort out the conflict coordination mechanism in the world and relevant countries from three aspects: drug patent compulsory licensing system,parallel import system and patent exemption system.Thirdly,it analyzes the current situation and deficiencies of the conflict between drug patents and public health in China from the perspectives of legislation and practice.Finally,based on the previous discussion,this paper puts forward some suggestions to improve the laws related to drug patent protection in China.Compulsory licensing system and parallel import system,as important ways to solve conflicts at home and abroad,should continue to be adhered to.At the same time,we should also pay attention to the new means of drug patent exemption,coordinate the relationship between the three systems and give full play to the coordination role of the three systems,so as to meet the practical needs of China and even the world to solve the conflict between drug patent protection and public health.