Doha Declaration on Trade-related Intellectual Property Rights and Public Health

The Doha Declaration on Trade-related Intellectual Property Rights and Public Health confirmed the right of WTO members to use compulsory licensing and parallel import measures, and politically and legally enhanced the ability of developing countries to obtain medicines. With the support of the Declaration, it is necessary for developing countries to make full use of the flexibility of TRIPS Agreement to promote public health, including (1) the right of contracting parties to implement "compulsory license" and the right to decide the reasons for implementing "compulsory license"; (2) The contracting parties have the right to determine what constitutes a "state of emergency or other extreme emergencies", and the public health crisis caused by infectious diseases such as AIDS and malaria constitutes this "state of emergency"; (3) Each contracting party has the right to construct its own "exhaustion principle" system under the premise of observing the most-favored-nation treatment and national treatment clauses; (4) Developed countries should promote and encourage their enterprises to transfer technology to the least developed countries. The time for the least developed countries to provide pharmaceutical patent protection can be postponed to 20 16. The birth of Doha Declaration is an important event in the field of international intellectual property.