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将药品纳入专利保护范围是知识产权制度的一大发展,极大地刺激了制药产业的发展。但是,对药品实施专利保护在给制药企业带来巨额利润的同时,也严重阻碍了发展中国家获得药品及实现本国公民的健康权。文章从专利法与人权法国际发展的高度,回顾了药品专利权与药品获得权的发展及其冲突历程,并着重对TRIPS协议和《多哈宣言》中专利条款的具体内容、相关背景,以及中国药品专利制度尤其是与TRIPS协议和《多哈宣言》相关的部分进行了研究。中国作为发展中大国,应当与其他发展中国家一道积极参与药品专利权与药品获得权的国际谈判,充分利用TRIPS协议和《多哈宣言》赋予发展中国家的优惠和弹性,来保障本国公民的药品获得权,同时促进本国制药产业的发展。
The inclusion of medicines in the scope of patent protection is a major development of the intellectual property system and has greatly stimulated the development of the pharmaceutical industry. However, the patent protection of pharmaceuticals has brought enormous profits to the pharmaceutical enterprises, meanwhile, it has seriously hindered the developing countries from obtaining medicines and realizing the citizens’ right to health. From the perspective of the international development of patent law and human rights law, the article reviews the development and conflict history of drug patents and drug rights and focuses on the specific contents of the TRIPS Agreement and the patent clauses in the Doha Declaration, the relevant background, as well as China The drug patent system, in particular, was studied in relation to the TRIPS Agreement and the parts of the Doha Declaration. As a large developing country, China, as an important member of the developing world, should actively participate in international negotiations on drug patent rights and access to medicines, make full use of the TRIPS agreement and the concessions and flexibility granted to developing countries under the Doha Declaration to protect their citizens’ medicines Get the right, at the same time promote the development of the domestic pharmaceutical industry.