Research on Compulsory License of Pharmaceutical Under TRIPS Agreement

TO eliminate pharmaceutical patents, which is a serious obstacle to public health.Especially to those developing countries and the least developed Countries. TRIPS Councildiscusses intellectual property issues under the framework of public health in June2001for the first time. Although the TRIPS agreement protocol is not yet entry into force, thereis no legal barriers to solve public health problems of developing and least developedcountries, however, few countries actually apply it so far. There are variety of reasons, farbeyond the intellectual property area, it refers to political, economic, cultural and manyother factors. The key to solve medicine accessibility is to effectively reduce the price andincrease the supply of drugs. Though there are many ways to solve the problem, such ascompulsory licensing, parallel imports and differential pricing. but it doesn’t workeffectively. Refers to our countries, our pharmaceutical companies has a strong genericcapacity, but innovation capacity is still inadequate, this greatly restricts the long-termdevelopment of our country’s Medicine accessibility.Also restricted the capacity of Chinaexport drugs in accordance with the provisions of the TRIPS Protocol, Therefore,pharmaceutical companies should early embark on the path of innovation.