Common Contracts
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From the TRIPS Agreement to the Public Health DeclarationMaster's Thesis • January 13th, 2016
This paper introduces and conducts a comparative analysis of the formation of the above documents and their major contents, pointing out that the multitude of restrictions imposed by Articles 31 of the TRIPS Agreement has, in essence, expanded the protection of patent rights and undermined the interest of the public health of developing member states. The release of the Doha Declaration and the Resolution is breakthrough of Article 31 of the TRIPS Agreement, reflecting the embrace of humanistic values and ideals. In particular, the Resolution provides an interest coordinating mechanism under the “differentiated protection” model for member states with different economic development levels, making it a major victory for developing member states in the WTO system. The two have obvious positive significance, yet there are limitations; as such, developing member states still need to seek measures other than the compulsory patent licensing in order to solve the public health issue of their
