Research on Public Health and the Compulsory License for Pharmaceuticals Patents under TRIPS |
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Author | ZhangNing |
Tutor | ZuoHaiCong |
School | Wuhan University |
Course | Legal |
Keywords | TRIPS Agreement Public Health Compulsory License Pharmaceuticals Patents |
CLC | D997.1 |
Type | Master's thesis |
Year | 2005 |
Downloads | 427 |
Quotes | 10 |
With the epidemic of such fatal infectious diseases as HIV/AIDS and malaria, the issue of the public health crisis in the developing countries becomes more serious than ever in the world. Whether there is a conflict between the Pharmaceuticals patents standard under TRIPS Agreement and the access to drugs and vaccines in the developing counties in the public health crisis has become one of the most controversial issues currently. Because, on the one hand, it is necessary to promote the research and development of the medicine industry by means of the patent protection because the price of medicine is expensive, on the other hand, facing the various infectious diseases that menace health of mankind, the demand to the cheap medicine is great, especially in large developing countries much more. Therefore, whether the compulsory license for pharmaceuticals patents is carried out has become a problem that all countries care about.The writer think that the international protection standard of the pharmaceuticals patents that the TRIPS Agreement established is too high, resulted in the drugs price keep the high range, holding the gain of drugs in the developing countries. It is the effective means to carry out the compulsory license if the developing countries want to acquire the necessary drugs. In fact, from the founding of TRIPS Agreement to The Doha Declaration on Public Health, and to Implementation of Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health, members of TRIPS Agreement have been looking for the new balance between the public health and the protection for pharmaceuticals patents. The way that the developing countries acquire the drugs is an issue that need to research. In the course of the research, the compulsory license for pharmaceuticals patents is more important than anything else.The thesis just grasps this focus currently, and analyzes the compulsory license for pharmaceuticals patents under TRIPS Agreement by the means of the theories combined together with practice. At the same time, we can find some problems in the compulsory license for pharmaceuticals patents under TRIPS Agreement by the demonstration and analysis of the three cases. Furthermore, the thesis will deepen our comprehension of protection for pharmaceuticals patents under TRIPS Agreement, and then, it will give some advice and countermeasure for the implementation of the compulsory license in our country and next negotiation of TRIPS Agreement.There are five parts in the thesis.The introduction demonstrates the origin, the aim and the production of the compulsory license for Pharmaceuticals patents. This part includes the problems that will be resolved on the basis of the foundation of TRIPS Agreement.The first part demonstrates theoretically the compulsory license for Pharmaceuticals patents under TRIPS Agreement. In this part, firstly, the thesis specifies the public health crisis is more serious, and then draws a conclusion that compulsory license is very necessary. And then, it comments the development of the TRIPS Agreement on compulsory license for Pharmaceuticals patents, and points that there is unbalance on this problem.The second part comments three cases about the compulsory license for Pharmaceuticals patents. This part analyzes the substantive cost of the monopolization of the Pharmaceuticals patents by the economy analysis of the law system. Furthermore, we can draw a conclusion that the compulsory license in the internationalization of the Pharmaceuticals patents.The third part demonstrates the advice and countermeasure for the modification of the compulsory license in our country and next negotiation of TRIPS Agreement. The writer put forward a lot of the constructive advice for modification of compulsory license on the basis of provision in our country.The conclusion part analyzes the influence of the compulsory license, and points that the compulsory license is a blade sword. Then the writer gives a comprehensive and concise comment on the compulsory license. In the end, the thesis makes out the field untouched.