Research On WTO Patent Exemption Of COVID-19 Vaccines

The rapid spread of the Newcastle pneumonia epidemic has created a global public health crisis,and the global accessibility of the Newcastle vaccine has become increasingly important.In order to find a way to reconcile the conflict between drug patents and public health,it is necessary to correctly understand the concept and nature of drug patents and public health,correctly define the relationship between drug patent protection and public health,and analyse the nature and causes of their conflict.The conflict and balance between pharmaceutical patents and public health is not a new issue,and has been controversial since the introduction of the Agreement on Trade-Related Aspects of Intellectual Property Rights(hereinafter referred to as the TRIPS Agreement).The conflict and balance between pharmaceutical patents and public health is a dynamic process that has evolved from the TRIPS Agreement,the Doha Declaration on TRIPS and Public Health(hereinafter referred to as the Doha Declaration),the Council Resolution on the Implementation of Article 6 of the Doha Declaration(hereinafter referred to as the General Council Resolution)and the regional FTAs in recent years,all of which have their own biased values and take into account the balance of interests between the two.The balance of interests.The traditional mechanism for balancing interests is compulsory licensing of pharmaceutical patents,however,in the face of global viral infections,compulsory licensing of pharmaceutical patents suffers from a number of dilemmas,such as unclear concepts,cumbersome mechanisms,restrictions and lack of supporting domestic legislation,which make it difficult to respond to the concerns of the international community,especially developing countries,regarding access to medicines.In this context,therefore,countries such as India and South Africa have submitted Proposal No.669 to the WTO,requesting an exemption from intellectual property rights for the new coronavirus vaccine,with the intention of sharing technology and expertise globally without hindrance to enable a rapid response to deal with new coronavirus diseases in real time.The proposal has triggered heated discussions among WTO members,with a polarisation of attitudes between developed and developing countries,focusing on the necessity and feasibility of a patent exemption for the new coronavirus vaccine,the scope of the exemption and the determination of "eligible members".After nearly two years of difficult negotiations,the WTO finally reached a consensus on the Ministerial Decision on the Agreement on Trade-Related Aspects of Intellectual Property Rights(hereinafter referred to as the TRIPS Ministerial Decision)and the Ministerial Declaration on the Response to the New Coronavirus Epidemic and Preparedness for Future Epidemics in the World Trade Organization(hereinafter referred to as the TRIPS Ministerial Declaration)at the 12 th WTO Ministerial Conference(hereinafter referred to as the MC12 Conference).The Ministerial Decision(hereinafter referred to as the TRIPS Ministerial Decision)and the Ministerial Declaration on Preparedness for New Pneumoconiosis and Future Outbreaks in the World Trade Organization(hereinafter referred to as the TRIPS Ministerial Declaration)specify the scope,duration,scope of application,procedural requirements and principles of implementation for "eligible members".The recently established vaccine patent exemption system,with its clear legal status and more flexible implementation requirements,is somewhat more progressive than the previous compulsory licensing system for pharmaceutical patents.However,there are problems with this new system that need to be recognised.Firstly,the scope of the exception is too narrow;secondly,the duration of the exception is too short;and thirdly,the lack of raw materials undermines the effectiveness of the exception.There is therefore a need to continue negotiations on the scope and duration of the exception,to strengthen controls on international trade in raw materials,to improve international drug production and cooperation,and to address vaccine shortages from multiple sources.