Study on Pharmaceutical Patent Protection under the TRIPS Agreement System

TRIPS agreement clear that intellectual property as a private right should be protected, while raising the standards of patent protection will be extended to product protection, the minimum term of protection is also extended to 20 years. The improvement of standard at patent protection for pharmaceuticals make the acquisition of public health medicine to be difficult. TRIPS agreement provides for a number of public health exceptions, but the conflicts remains unsolved. Developing and least developed countries through a series of efforts to make the“Declaration on TRIPS Agreement and Public Health”,“Implementation on paragraph 6 of TRIPS Agreement and Public Health Declaration in Doha”and the amendment to article 31 of TRIPS agreement been put forward, but these files still exist some limitations.The conflict of pharmaceutical patent protection and public health aegis under the TRIPS agreement reflects the conflict between private rights and public interest and the conflict of interest between developed and developing countries. Maintenance of public health is to protect the common welfare of mankind and the maintenance of basic human rights, therefore, patent protection should be without prejudice to the interest of the public health, or the former should give way to the latter.This paper has discussed some positive measures for solving public health problems and pointed out the inadequate of those measures. This paper also has analyzed the current situation of public health China’s facing and proposed some solutions.