Introduction and Profound Consideration on Intellectual Property Rights Protection Standard Terms Relat-ed to Drugs beyond the Regulations of TRIPS
10.6039/j.issn.1001-0408.2017.04.03
- VernacularTitle:与药品有关的超出《与贸易有关的知识产权协议》保护条款的介绍与反思
- Author:
Jing CHEN
;
Luwen SHI
- Keywords:
Agreement on Trade-related Aspects of Intellectual Property Rights;
Additional terms;
Public health;
Drug accessi-bility;
Profound consideration
- From:
China Pharmacy
2017;28(4):442-445
- CountryChina
- Language:Chinese
-
Abstract:
OBJECTIVE:To improve response capacity of China to deal with intellectual property rights protection standard terms (Trips-plus terms) beyond the regulations of Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS), and to provide reference for improving national intellectual property rights protection policy. METHODS:Trips-plus terms and their common types were introduced to analyze their characteristics and consider about their adverse effects. RESULTS & CONCLU-SIONS:Common TRIPS-plus terms involve data protection,patent interlinkage,patent period extension,limitation of compulsory licensing and parallel importation,etc. These terms pose a significant challenge to developing countries,resulting in delaying entry of generics,increasing drug price,influencing drug accessibility and posing a great threat to public health. China,as the largest de-veloping country mostly relying on generic drugs,should scientifically assess the effects of TRIPS-plus on public health,drug ac-cessibility and pharmaceutical industry in the process of domestic legislation and negotiating a free trade agreement,and make effec-tive use of the TRIPS flexibility to protect the public health.
