On the Conflict between the Pharmaceutical Patent Right and the Right to Health

With the process of globalization, intellectual property gradually break through the geographical restrictions. Intellectual property protection standards are basically dominated by developed countries to achieve the goal of globalization. The direct consequence of the conflict of intellectual property rights and human rights, of which the most noteworthy is the conflict between pharmaceutical patent rights and the right to health. TRIPS Agreement patent protection extended to pharmaceutical products, so many difficulties in the prevention and control of communicable diseases in developing countries, public health crisis looming. Although the TRIPS agreement to the terms of the exceptions apply, but the vague provisions and start the procedure very difficult. In this paper, the Patent Law, the basic theory of human rights law and international human rights documents and the relevant provisions in the documents of the international intellectual property system of conflict between pharmaceutical patent rights and the right to health, and how to resolve between the two Conflict recommendations. Structure, the paper is divided into five parts: the first chapter, pharmaceutical patent rights, and the right to health. The three forms of drug patent protection. The particularity of the pharmaceutical products necessary to the implementation of protection of drug patents, patents have the attributes of private rights and property rights. Introduces the meaning and characteristics of the right to health, from the understanding of the right to health of the relevant provisions of international human rights instruments and domestic law. The right to health is a basic human right, the right to health obligations subject country, and the need for positive behavior in order to achieve the protection of the right to health. Analysis of the relationship between intellectual property rights and basic human rights, the introduction of relevant international human rights text, part of the national constitutional provisions related to intellectual property. Intersection between intellectual property and human rights, but the obvious difference between the two. Chapter II, the conflict between pharmaceutical patent rights and the right to health. First introduced the conflict, the definition of conflict of rights, the rights of the classification of the conflict and its characteristics, and to analyze the relationship between the right to conflict with the public interest. Then introduced several causes of the doctrine of the rights conflict, the final analysis of the conflict between pharmaceutical patent rights and the right to health reasons from the point of view of the conflict of rights, that the diversity of human nature and society, as well as the diversity of interests and needs, not individual interests reasonable expansion as well as the legal system is imperfect. The third chapter, the performance and the legal consequences of conflict between pharmaceutical patent rights and the right to health. Public health crisis facing the world urgently solved. For solving the public health crisis, drugs and sexual role is particularly important pharmaceutical patent system drugs and sex had a significant impact. Analysis of the impact of pharmaceutical patent rights and the right to health of the conflict between two important international intellectual property files - TRIPS Agreement and the Doha Declaration. Although these two files noted the negative impact of a public health crisis and pharmaceutical patent rights for the right to health, and to develop relevant solutions, but that the two files have to clarify the role of nature only, and do not make a more specific and feasible operational requirements. Introduced the legal consequences of the conflict between pharmaceutical patent rights and the right to health. Chapter IV, conflict of coordination between pharmaceutical patent rights and the right to health. Introduction of the World Health Organization and the World Trade Organization for the attention of the increasingly serious public health crisis and the efforts made to resolve the conflict between pharmaceutical patent rights and the right to health. Patent compulsory licensing system is a very important method to solve the conflict between the two. For some countries such as the United Kingdom, Canada, India, Japan, and China's Patent Law, patent compulsory licensing system for analysis. Chapter V, the resolution of the conflict between pharmaceutical patent rights and the right to health. Although the international community has with some attention and handling of the conflict between the two, but also require more effort to completely solve the conflict between the two, and earnestly safeguard the realization of the right to health and the coordination between. This proposed principles for a settlement of the conflict between the resolved pharmaceutical patent rights and the right to health: priority principle of human rights, the principle of the balance of interests, the right to restrict the principle and the principle of the public to actively participate in Through this discussion, certainly reasonableness and necessity of pharmaceutical patent rights and the right to health. The face of the growing public health crisis, to solve the conflict between pharmaceutical patent rights and the right to health, in addition to full use of the existing coordination mechanisms, countries and the international community should also be balanced to the human rights priority, interests, rights, restrictions and public participate actively in principle, to make more efforts.