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 & CONCLUSIONS: 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 developing country mostly relying on generic drugs, should scientifically assess the effects of TRIPS-plus on public health, drug accessibility and pharmaceutical industry in the process of domestic legislation and negotiating a free trade agreement, and make effective use of the TRIPS flexibility to protect the public health.
关键词
与贸易有关的知识产权协议超出条款公共健康药品可及性反思
Keywords
Agreement on Trade-related Aspects of Intellectual Property RightsAdditional termsPublic healthDrug accessibilityProfound consideration