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The coordination of pharmaceutical patent and public health from the view of TRIPS

English Abstract

Access to the pharmaceuticals that are needed to treat disease or alleviate suffering is vital for the survival, especially in poor countries. In an increasingly globalized economy, additional international mechanisms need to be developed to address health. Since the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), for the first time required all member countries to provide minimum levels of intellectual property rights including patents for pharmaceuticals, more than twenty years ago. And later, a new round of bilateral trade agreements also imposed a number of TRIPS-plus provisions. Throughout the development of TRIPS, it takes pharmaceutical drugs out of the public domain step by step. The result of the global endeavor to harmonize pharmaceutical patent protection and public health need is less than satisfactory. The article commences on the conflict between pharmaceutical patent and public health, makes a detailed analysis of TRIPS frame and tries to bring forward some feasible solutions to access to drugs based on TRIPS.

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Chen, Zhang Chu Chu


Faculty of Law




Agreement on Trade-Related Aspects of Intellectual Property Rights -- (1994)

Health -- Social aspects

Patent medicines


Hsiao, I-Hsuan

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