在公共卫生危机期间强制许可药品:TRIPS框架分析分析
1Civil and Commercial Law School, Southwest University of Political Science and Law, ChongQing, China.
Frontiers in public health
|September 29, 2025
概括
根据TRIPS协议的强制性许可对于在健康危机期间获得药品至关重要. 增强措施应优先考虑药物获取,并促进发展中国家的本地生产.
科学领域:
- 全球健康 全球健康
- 知识产权法 知识产权法 知识产权法
- 制药政策 制药政策
背景情况:
- COVID-19大流行凸显了全球医疗保健的不平等,并引发了关于知识产权 (IP) 保护的辩论.
- 根据TRIPS协议的强制许可是确保在公共卫生紧急情况下获得基本药物的关键机制.
- 现有的TRIPS灵活性,如第31条 (b),允许国家在特殊紧急情况下在未经授权的情况下使用专利药物.
研究的目的:
- 分析强制许可在确保在全球卫生危机期间获得药物的作用.
- 评估TRIPS协议灵活性的有效性和限制.
- 建议对强制许可进行改进,以便更好地为未来的健康紧急情况做好准备.
主要方法:
- 对TRIPS协议及其强制许可条款的审查 (第31条 (b)).
- 在COVID-19大流行期间分析国家实施和国际反应.
- 审查拟议的替代方案,如临时的知识产权豁免.
主要成果:
- 疫情期间,一些国家在必需药物上使用了强制许可.
- 与TRIPS相关的程序复杂性和潜在的贸易争端带来了挑战.
- 一些发展中国家已经提倡临时的知识产权豁免作为替代方案.
结论:
- 强制许可仍然是平衡公共卫生需求与知识产权的宝贵工具.
- 未来的改进应该集中在优先考虑基本药物的可访问性,而不是价格控制.
- 提高发展中国家当地制药生产能力对于未来的准备工作至关重要.
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