[20051212]RS21609_WTO、知识产权和药品准入争议.pdf

Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code RS21609Updated December 12, 2005The WTO, Intellectual Property Rights, andthe Access to Medicines ControversyIan F. FergussonAnalyst in International Trade and FinanceForeign Affairs, Defense, and Trade DivisionSummaryOn August 30, 2003, World Trade Organization (WTO) negotiators agreed toenable developing and least developed countries to access medicines to fight publichealth epidemics such as HIV/AIDS, tuberculosis, malaria, and other infectious diseaseswithin the context of the Trade-Related Aspects of Intellectual Property (TRIPS)Agreement. In December 2005, WTO members agreed to a permanent amendment toTRIPS to incorporate this decision. The WTO Decision will allow poor developingcountries to issue a compulsory license to a third-country producer to manufacturegeneric drugs at an affordable price. The accord reflects contentious issues in thenegotiations including the scope of diseases, country eligibility, and diversionsafeguards. Some have questioned the economic utility of issuing compulsory licenses.This report will be updated as necessary.IssueIn August 2003