BALANCING THE INTELLECTUAL PROPERTY RIGHT TO PHARMACEUTICAL INVENTIONS AND THE ISSUE OF COMMUNITY HEALTH - SOLUTIONS FOR VIETNAM

Abstract

In the field of intellectual property, balancing the right of owners of pharmaceutical inventions and the right to access to medicines of people for health protection has been a very debatable issue during the course of negotiation at both international and national levels. The paper offers an overview of the relationship between the protection of the intellectual property right to pharmaceutical inventions and the issue of community health. It introduces an overall picture of the debate of whether the protection of the intellectual property right to pharmaceutical inventions should be enhanced or lightened in order to increase the ability to access medicines of the community. The paper then points out the challenges for the law on intellectual property of Vietnam in this regard and suggests solutions to improve it.