The Conflict and Balance between Protection of Pharmaceutical Patents and Public Health Crisis

With SARS, avian flu, AIDS and other infectious diseases spreading in the global, the contradiction between public health crisis and the international drug patent protection system more and more arouses international society’s interest..Related question cause one to think deeply: Why drug patent protection system and the public health crisis have a conflict? Can they achieve balance? How to achieve balance? Because the reality of public health in china is extremely severe discussion on this issue has important practical significance.In order to make some contributions to resolving the mentioned issue above , this thesis use the research methods of historical study and analysis of legal.There are five chapters in this thesis. By showing the grim reality of public health and drug patent protection system, The first chapter reveals the background of the conflict. The second chapter analysizes the deep-seated causes of the conflict. By discussing TRIPS Agreement’s special protection to the drug patents , this chapter show it is the TRIPS system obvious imbalance that leads to the conflict. The third chapter analyses the possibility and the necessity for balance. This chapter also introduced the provisions of TRIPS on the protection of public health. The latest information about the medical patent system is analyzed in the fourth chapter, which demonstrates that its trend is the balance of interest. Finally the fifth chapter makes comments on china pharmaceutical patent system. Some suggestions are put forward according to the previous stud ,such as, making good use of patent exception under TRIPS .