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Relevant questions of pharmaceutical patent protection in the TRIPS agreement and public health maintenance

Author: LiJieYang
Tutor: YangLiYan
School: Guangxi Normal University
Course: Legal Theory
Keywords: TRIPS Agreement Pharmaceutical patent rights Public Health Compulsory licensing Parallel imports
CLC: D997.1
Type: Master's thesis
Year: 2005
Downloads: 405
Quote: 4
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Abstract


Since the entry into force of the TRIPS Agreement since 1995, has had a good effect on the protection of intellectual property rights. But in recent years, due to the impact of infectious diseases and several pharmaceutical patent dispute, the contradictions of the international community on the protection of intellectual property rights, and social and public interests to give more attention to. How to protect intellectual property \Many developing members of the party will be the root of the problem appears to point to the TRIPS agreement, that the agreement to focus too much on private rights to the neglect of the public interest, and strongly urged to amend the TRIPS Agreement. How to find a balance between private rights and public interests is an urgent need to solve the problem of the international community. Based on this, I tried to carry out in-depth study of the issue. This paper is divided into four parts. The first part, the first summary describes the overall situation of the global public health; Secondly, the amendment through the control of the South African drugs and related items \introduced its characteristics analysis of the case of international disputes relating to pharmaceutical patent provisions in the the three TRIPS agreement of the anthrax crisis in Canada, focuses on these cases in the relevant countries in order to overcome the public health crisis and the measures taken with the relevant provisions of the TRIPS Agreement there conflict and controversy. These conflicts and disputes reflect the TRIPS Agreement can not effectively solve the conflict between the pharmaceutical patent protection and the maintenance of public health, and related rules in the TRIPS Agreement, there are irrational. The second part, based on the limitations of the TRIPS agreement on maintenance conflicts resolve pharmaceutical patent protection and public health issues, the TRIPS agreement and the Doha Declaration on Public Health, and 6 of the Doha Declaration on the implementation of Council resolution \a new development. This section summarizes the main content of the two documents, that these two files has important practical significance to solve the problem of conflict of pharmaceutical patent protection and public health maintenance, and has a certain legal effect, but it also has obvious limitations , yet effective solution to the existing problems. Therefore, the part is then a reflection of the reasonableness of the TRIPS Agreement patent protection for pharmaceutical, pharmaceutical patent protection standard is too high, is not conducive to the transfer of technology and pharmaceutical innovation pharmaceutical patent protection and the maintenance of public health can not be achieved balance. Reposition the values ??of fairness and justice should be the standards of the TRIPS Agreement patent protection for pharmaceutical and follow the principles of human rights, the principle of the common interests of mankind, and the principle of fairness to modify the TRIPS Agreement, so as to effectively coordinated within the framework of the TRIPS Agreement pharmaceutical patent rights Public health maintenance of the relationship between the two. The third part, the author proposes a pharmaceutical patent protection in coordination under the TRIPS agreement and public health maintenance conflicts countermeasures, including the legal countermeasures and non-legal measures. Legal Countermeasures: flexibility in the use of the the TRIPS agreement elastic terms;

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