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Discussion on Pharmaceutical Patent Restriction and Coping with Public Health Crisis

Author: YuLiFang
Tutor: MaoYingHong
School: Shandong University
Course: Civil and Commercial Law
Keywords: Pharmaceutical patent rights The right to public health The balance of interests TRIPS Agreement
CLC: D923.42
Type: Master's thesis
Year: 2011
Downloads: 21
Quote: 0
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Abstract


From SARS to avian flu , countless live life to the dead in the torture our government emergency response capacity , and also tortured with current drug management system . When faced with a similar crisis , our legal escort how to handle the event quickly is a problem . Appropriate protection of drug patents is essential for the maintenance of public health , but the pharmaceutical patent protection is not without boundaries . Patent protection is not our ultimate goal , just a means of promoting social . Each function and range of pharmaceutical patent rights and the right to health , enhance both their own benefit in a different role under the conditions of the interests of human society , but due to the presence of different stakeholders , there is a conflict of interest between both . From the game between patent rights and the right to public health , both developed and developing countries , LDCs can also be seen in the continuous development of the international treaty process . With the development of the international economic situation , people are understanding the connotation of human rights and intellectual property rights and boundaries have also changed . It is hoped to achieve coordination and balance the interests of patent holders and the public the right to health of the global pharmaceutical patent restrictions . However , due to the different expectations of the people of their own interests , makes this balance and coordination are temporary, and are in line with the current environment , constantly change with the times change . Type of domestic pharmaceutical patent infringement cases as well as domestic law and jurisprudence on the protection of pharmaceutical patents attitude , I made ??several suggestions pharmaceutical patent rights and the right to public health to achieve a good balance . First, the domestic sector in the policy-making should be cautious in dealing with pharmaceutical patent protection ; Second is to improve the existing licensing system ; Third, the introduction of the implied license system ; reasonable use of generics to solve the current crisis ; five is the practice of the trial judge should fully aware of the the pharmaceutical patent particularity ; Sixth reasonable explanation on the tort litigation system .

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CLC: > Political, legal > Legal > Chinese law > China and France > Intellectual property rights > Patent law
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