IPCW405摘譯--IMPLEMENTATION OF PARAGRAPH 6 OF THE DOHA DECLARATION ON THE TRIPS AGREEMENT AND PUBLIC HEALTH
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- 2003/10/15
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World Trade
Organization IP/C/W/405
28 August 2003
(03-4498) Council for Trade-Related Aspects
of Intellectual Property Rights
文件代號
：
IP/C/W/405
文件名稱
：
TRIPS協定與公共衛生杜哈宣言第六段
之實施
登錄時間
：
2003年8月28日
摘譯
：
會員國之間取得共識，同意會員國可在強制授權的允許下得製造並出口有專利之藥品，而且任何會員國可進口該藥品，惟該藥品只能用於公共衛生用途上，不得作為商業或其他用途。文件中釐定藥品的涵蓋範圍，也對該藥品的進出口國家的資格、義務等事項做出相關規範。
implementation of paragraph 6 of the doha declaration on
the trips agreement and public health
Draft Decision of […] 2003
At its meeting of 28 August 2003, the Council for TRIPS approved the following draft decision and agreed to forward it to the General Council for adoption.
_______________
The General Council,
Having regard to paragraphs 1, 3 and 4 of Article IX of the Marrakesh Agreement Establishing the World Trade Organization ("the WTO Agreement");
Conducting the functions of the Ministerial Conference in the interval between meetings pursuant to paragraph 2 of Article IV of the WTO Agreement;
Noting the Declaration on the TRIPS Agreement and Public Health (WT/MIN(01)/DEC/2) (the "Declaration") and, in particular, the instruction of the Ministerial Conference to the Council for TRIPS contained in paragraph 6 of the Declaration to find an expeditious solution to the problem of the difficulties that WTO Members with insufficient or no manufacturing capacities in the pharmaceutical sector could face in making effective use of compulsory licensing under the TRIPS Agreement and to report to the General Council before the end of 2002;
Recognizing, where eligible importing Members seek to obtain supplies under the system set out in this Decision, the importance of a rapid response to those needs consistent with the provisions of this Decision;
Noting that, in the light of the foregoing, exceptional circumstances exist justifying waivers from the obligations set out in paragraphs (f) and (h) of Article 31 of the TRIPS Agreement with respect to pharmaceutical products;
Decides as follows:
For the purposes of this Decisio