从艾滋病等药品强制许可谈专利权保护与公共健康问题的冲突

Conflict between Patent Protection and the Public Health Problem from Forced Permission of AIDS Drugs,etc

药品专利制度在世界范围的建立与发展,推动了权利人发明的热情,有助于科学的进步。然而,该制度就在一定程度上给发展中国家带来了不利影响,必须采取有效措施解决专利权和贫困国家民众生存权冲突。

The global medical patent protection system promotes the zeal of creators and the development of the science. However. to some extent this system impeded the enforcement of public healthy policy of the poor country;meanwhile it made the people in those countries can not receive effect treatment timely. In this paper, the author showed the disadvantages owed to patent protection, we also analyze the cause of public healthy crisis of the developing country. Finally the author gives some solutions for the problem which means the confliction between human rights and patent rights. The purpose of this thesis is to provide some help for our public healthy law and intellectual legal legislation.