Approaches to Ensuring Access to Pharmaceuticals under the New China’s Patent Law
Access to pharmaceuticals patent TRIPS Agreement flexibility
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.
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