论药品专利强制许可制度下的利益冲突与平衡-民商法学专业论文.docxVIP

II II Abstract The spread of HIV, the SARS epidemic , and the outb reak of the avian flu take the public health to the brink of danger. This phenomenon make people increasingly concern about the compulsory licensing of drug patents . In recent years, because of the developing countries’ and the least developed countries ’ unremitting efforts ,the compulsory licensing of drug patents have been included in the international convention. And contributed to the signing of the Agreement on Trade-related Aspects of Intellectual Property Rights , the Doha Declaration on the TRIPS Agreement and Public Health, the WTO Decision on Implementation of Paragraph 6 of the Doha Declaration and the Amendment of the TRIPS Agreement Protocol. It plays an important roal in solving public health crises and the conflict of stakeholders under pa tent protection. But the conflict of pharmaceutical market monopoly and effective competition, the subsequent inventions, the conflict of the d rugs patent monopoly and the right to health of public, as well as the conflict of development interests between countries are obviously. It is only the outcome of the struggle in all political forces , not the real balance of interests. So through what kind of system design to address todays public health crisis on the basis of long-term perspective in the existing compulsory licensing system is the originally writing motivation of this artical.. This paper begin with the emergence and development of the compulsory licensing of drug patent, and then analyse the subject of rights and the conflict between rights under the public health crisis on the basis of a variety conflicts under the compulsory licensing of drug patent system, in order to grasp the nature of the conflict interest. Finally, according to the principles of balance the conflict and the system defects under the compulsory licensing of drug patent, I proposed the measures to perfect it on the legal system, And proposed compulsory licensing sho