TRIPS协定下药品专利保护与公共健康的冲突与对策分析-国际法学专业论文.docxVIP

I I Abstract Recent years, as fearful cosmopolitan infections like AIDS break out and diffuse, the crisis of public health in developing countries has thrown out increasingly and become one of the focuses of international society. The origin of these public health problems in such countries has affinity with the TRIPS Agreement which WTO stroke up. The agreement brings all inventions including medicines into what can be protected by patent, and conduces that developing countries are enslaved to the expensive prices of patent medicines in the developed countries when they solve the public health problems such as AIDS, tuberculosis, ague, etc. and finally cannot bring plenty and timely cheap medicines to native citizens. The bitter conflict between the patent rights of pharmaceutics in developed countries and the health rights of people in developing and the least develop countries causes the international society cannot help surveying over again the relationship between public health rights and medicines patent rights. Beginning with the form reason of the conflicts, this thesis looks back the active practices in solving the problems and analyses the main methods to harmonize the conflict, in the end, puts forwards the advice which how to improve the situation of accessing to medicines in our country. This thesis is divided into four parts except introduction and epilogue: The first part mainly discusses the produce of TRIPS agreement and it causes us to ponder the conflict. Staring with the background of the agreement and its influences of the access to medicines, considering several trade frictions between developed countries and developing countries, this thesis points out the shortage of TRIPS agreement on balancing the medicines patent and public health and brings us to think about the value orientation behind the conflict. The writer thinks, on the one hand, public health rights have precedence over medicines patent right, on the other hand, the mild protection