The Conflict Between Pharmaceutical Patent Right and Life Right and Its Resolution Mechanism: From the Perspective of Legal Philosophy

This paper explores the conflict between pharmaceutical patent rights and the right to life and its resolution mechanisms from the perspective of legal philosophy. It begins by discussing how the outbreak of COVID-19 has led to increased global demands for vaccines, temporary medical facilities, and public health controls, which in turn has sparked reflection on the relationship between pharmaceutical patents and the rights to life and health. The paper then analyzes several typical cases, including the Haiqing Ni counterfeit drug case, the Lu Yong case, and the Shanghai fake vaccine case, to illustrate the specific points of conflict between patent rights and the right to life. It also discusses the positive relationship between patent rights and the right to life, as well as the negative impact of the monopolistic nature of patent rights on the protection of the right to life. To resolve these conflicts, the paper proposes some existing measures, such as the application of the principle of proportionality and the compulsory licensing system, and suggests future possible measures, including the re-improvement of existing measures and the establishment of feasible new measures. In conclusion, while existing measures have alleviated the conflict to some extent, there are still difficulties and limitations in their implementation, necessitating further legislative and regulatory improvements.