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在发达国家的坚持下,药品专利保护被写入TRIPs协议,这使得一些遭受严重公众健康问题困扰的发展中国家难以在协议框架内获得急需的廉价药品,从而引发广泛的公众健康危机。在发展中国家的努力下,旨在解决药品专利保护与公众健康问题的《关于TRIPs协议与公众健康的多哈宣言》和《关于TRIPs协议和公共健康的多哈宣言第六段的执行决议》达成。由于其本身尚有诸多不足,两份文件对于解决公众健康危机问题而言,还只是个开始,在WTO框架内承认和归位专利制度的利益平衡将是最终解决冲突的必然选择。
Under the insistence of developed countries, drug patent protection was written into the TRIPs Agreement, making it difficult for developing countries suffering from serious public health problems to access the much needed cheap medicines within the framework of the agreement, triggering widespread public health crises. With the efforts of developing countries, the Doha Declaration on TRIPs Agreement and Public Health and the Implementation Resolution on Paragraph 6 of the Doha Declaration on TRIPs and Public Health, which are aimed at solving drug patent protection and public health issues, were reached. Because of its inherent deficiencies, the two documents are just the beginning of the solution to the public health crisis. Recognizing and honing the balance of interests in the patent system within the framework of the WTO will be the inevitable choice for a final resolution of the conflict.