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针对“专利相对于病人”的问题,WTO先后通过了《多哈宣言》与“穷国购药决议”,并在此基础上对TRIPS协定进行修订,在TRIPS体制内确立了专利利益与公共卫生之间的平衡点。但是TRIPS协定修订在某种程度上是利益平衡的产物,其所提供的灵活性实际上很有限,不可能真正提供决关于医药可得性问题的“永久解决方案”。知识产权制度在发展中国家推动下受到人道关怀的制衡但总体上仍在不断扩展。
In response to the issue of “patent versus patient”, the WTO adopted the “Doha Declaration” and the “Decision for the Purchase of Drugs by Poor Countries,” and on this basis revised the TRIPS Agreement to establish the patent interests and public health within the TRIPS system The balance between points. However, the revision of the TRIPS Agreement is, to a certain extent, a product of the balance of interests that offers virtually limited flexibility and can not really provide a “permanent solution” to the issue of the availability of medicines. The intellectual property system has been humanely checked by the developing countries but is still expanding in general.