TAILIEUCHUNG - Title: TRIPs, TRIPs-plus trend and the public health in developing countries

This is a research proposal on access to medince and TRIP-Plus trend. In order to balance the interest of patent’s holder and society, as well as reduce the negative impact of protecting pharmaceutical patents on human right to health, the TRIPs Agreement has provided for some flexibilities and solutions, such as legal basis for parallel import and compulsory licensing | The strong development of science and technology, especially in medical area, and the increase of pharmaceutical patents have brought to human life many benefits in terms of enjoying the human right to health. In that context, the TRIPs Agreement was adopted, which provides a mechanism for protecting pharmaceutical patents. In principle, it helps promote the research and development activities in medical field that can create more opportunities for human to have more new effective medicines to prevent and/or cure illness. Simultaneously, such protection of pharmaceutical can have negative impact on public health, as it can strict the medical access of human. Particularly, such protection increases the price of medicine, which can be unaffordable to poor people, to developing countries in some circumstances; and, if the patent’s holder abuses his right to have pharmaceutical patent protected, he can harm to human right to health of others, by selling medicines with unreasonably high price, or by asking inappropriate requirements for licensing

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