The International Patent Protection of Pharmaceutical Products and the Maintenance of Public Health
|Keywords||Public Health International protection of drug patents Coordination of interests|
Since the end of the twentieth century , with the outbreak of major infectious diseases such as AIDS, SARS , avian flu worldwide and popular public health problem has become more apparent . Fierce collision of the interests of the public health and pharmaceutical patent rights , and how to balance the interests of both , and how to deal with the patent rights and public interests , the relationship between the two proposed new topics . In this paper, the theory of system of public health and drug patents system to balance the interests of both the principle and method systematically discussed . First of all, the author of the public health , international protection profile of drug patents as well as from the point of view of human rights and private rights conflict introduced . Followed by , drug patents today international protection and public health requirements and the development of the elaboration of the system . Again, to reflect on the the drug patents international protection and maintenance of public health theory , the analysis of the balance of interests between the two , proceed to from monopoly interests with the public interest coordination between developed and developing countries, the interests of coordination and combined with the terms of the flexibility in the TRIPS Agreement and non- legal measures , and demonstrates how to achieve coordination of the interests of the international protection of public health and drug patents . This article and strive to achieve a reasonable construction of the legal mechanisms to maintain the balance of the public health and drug patents , and coordination of national conflicts of interest , to make modest hope of a balance between the international protection of pharmaceutical patents and public health .