The Doctrine of the Mean in International Protection of Pharmaceutical Intellectual Property
- VernacularTitle:药品知识产权国际保护的中庸之道
- Author:
Lijing PENG
- Publication Type:Journal Article
- Keywords:
pharmaceutical intellectual property;
pharmaceutical patent;
the doctrine of the mean;
right of life and health;
right of public health
- From:
Chinese Medical Ethics
1994;0(06):-
- CountryChina
- Language:Chinese
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Abstract:
There are multiple rights conflicts in the international protections of pharmaceutical intellectual property,among which the most prominent is the confrontation of the patent right and the right of life and health.This article tries to examine the pharmaceutical intellectual property rights with an ethical perspective,and resolve the conflict and moral dilemma in its international protection using the doctrine of the mean.When the pharmaceutical patent which is serviced as privacy and property rights,doesn't conflict with other more important rights,we should protect pharmaceutical patent and try our best to promote the attainment of it.Otherwise,the patent right should be replaced by the right of life and health.In practice,the international protection of pharmaceutical intellectual property should respect the difference principle,establish the appropriate price different system of pharmaceutical patent and carry forward humanism to safeguard the right of life and health.
