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JIPR Vol.15(3) [May 2010] >


Title: Approaches to Ensuring Access to Pharmaceuticals under the New China’s Patent Law
Authors: Liu, Wenqi
Keywords: Access to pharmaceuticals
patent
TRIPS Agreement
flexibility
Issue Date: May-2010
Publisher: CSIR
Abstract:  The access to pharmaceuticals is of significance for ensuring the right to health, which has attracted more and more attention from the world. It is widely recognized that an adequate system of intellectual property (IP) is a necessary condition for achieving access to pharmaceuticals. Due to technological lag, insufficient manufacturing capability, and weak voice in the world, developing countries need more concerns from the global society to overcome such challenges before them. Consequently, it should strengthen multilateral efforts to implement international treaties and help the poor in developing countries obtain cheaper pharmaceuticals. On the other hand, developing countries could modify their own IP systems to facilitate access to pharmaceuticals. This article discusses the coexistence between the right to health and IP rights, reviews the amendments of China’s patent law, studies how China achieves the flexibilities allowed by the Agreement on Trade-Related Aspects of Intellectual Property Rights, and analyses its implications for safeguarding public health.
Page(s): 228-234
ISSN: 0975-1076 (Online); 0971-7544 (Print)
Source:JIPR Vol.15(3) [May 2010]

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