The Investigate of the Pharmaceutical Compulsory License System
|School||Tianjin University of Finance and Economics|
|Keywords||Pharmaceutical compulsory license system The right of public health Agreement on Trade-related Aspects Of Intellectual Property Rights Declaration On The TRIPS Agreement And Public Health|
In recent years, more and more infectious diseases such as H1N1. SARS have been much familiar to everyone. public health problems is becoming the hot topic in the international community. The contradiction between the Pharmaceutical Patent Protection and Public health is increasing fiercely, becomes a very serious problem in the world. In order to solve this sharp clash. Agreement On Trade-related Aspects Of Intellectual Property Rights. Declaration On The TRIPS Agreement And Public Health, Implementation Of Paragraph6Of The DOHA Declaration On The TRIPS Agreement And Public Health and other related treaties have formulated many rules of the Pharmaceutical compulsory license system. Limiting drug patent abusing and defending public health rights. These rules have been accept by most of the countries in the world then became the very import part of the patent system and make a good use of protecting the public health rights. But the successful case about using Pharmaceutical compulsory license system to address public health problems still little so far. from this we know there’s many problems in the system. According to explaining, analyzing and summarizing the related literatures, cases and the rules about the Pharmaceutical compulsory license system. find out the reason is so complicated, besides the contradiction between the Intellectual property rights holder’s Private interests and the citizens" public interest, and the contradiction between the Developed countries and the developing countries, also included the range of drugs was too narrow, the application procedure was complexity, the language description was fuzzy, the high standard compensation and so on. Therefore, in order to modify and improve the Pharmaceutical compulsory licensing system, we must establish the value orientation of justice, make sure the public right is beyond the private rights when intellectual property and public health coming to a conflict, then clarify the ambiguous rules. Simultaneously our country should expand the cooperation with other developed countries and take part in the international exchanges and according to our country in addition to promote our country’s patent protection system. strengthen our country’s Pharmaceutical compulsory license system in order to protect the public health of our citizens.