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TRIPS regime patent compulsory licensing of medicines

Author: LuShen
Tutor: ZuoLi
School: Foreign Service Institute
Course: International law
Keywords: TRIPs Drug Patents Compulsory licensing
CLC: D997.1
Type: Master's thesis
Year: 2009
Downloads: 248
Quote: 2
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Abstract


This article will public health problems associated with drug patents compulsory license be placed under the framework of TRIPS . This paper consists of four parts . The first part aims to briefly introduce a comprehensive patent compulsory licensing . Starting from the definition of a compulsory license , follow the time line , described the patent compulsory licensing system in the history of the formation and development , analysis of the role of the system . After compulsory licenses around the theme of drug patents , the part of the main analysis of the pharmaceutical patent protection and access to medicines between that this relationship may constitute legitimacy drugs compulsory patent license sources . The second part of the article discusses the WTO framework pharmaceutical composition patent compulsory licensing mechanism . In accordance with the shaping time , this part of Article 31 of the TRIPS Agreement \and other important legal documents for analysis , with emphasis on legal documents discussed above the intrinsic link between development and inheritance . The third part under the existing valid patent compulsory licensing system for regulating medicines international legislation , the distinction between different members of the party in the use of compulsory licensing of patented medicines that may occur in three different situations are discussed in the next member of the party may face different situations the flexibility of the rules and limitations for its analysis by avoiding disadvantages hope to achieve full use of the existing rules purposes. The fourth part of the article from the departure of the current situation of public health , in accordance with China's pharmaceutical patent compulsory licensing system development context analysis , which summed up gradually from focusing on international standards to safeguard their own interests are focusing our development direction of patent law ; but compulsory licensing of pharmaceutical patents , the current system of compulsory patent licensing deal with a number of general provisions can not meet the needs of public health crisis , it should be compulsory patent license from drugs to correct the reality , in the spirit of the legislation does not violate the premise of TRIPs increase our flexibility to adapt the legislation actual needs .

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CLC: > Political, legal > Legal > International law > Private international law > International Civil
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