Problems In Implementing The Decision Of The General Council Of 30 August 2003 And The Countermeasures Of China

Because of the epidemic of the AIDS and other contagions in theworld, the problems of the public health in the developing countries arebecoming increasingly serious. Whether the standard of the intellectualproperty rights protection in the TRIPs Agreement disturbs the accessionof the drugs by the developing countries under the public health crisis hasbecome one of the most controversial issues in the world. In order tosolve the problem, on Nov. 11 2001, the forth WTO ministry conferenceheld in Doha made a declaration that "instruct the Council for TRIPS tofind an expeditious solution to this problem and to report to the GeneralCouncil before the end of 2002." On August 30, 2003, the WTO generalcouncil finally made a decision on the Implementation of paragraph 6 ofthe Doha Declaration on the TRIPS Agreement and public health. TheDecision made up the legal faults of the TRIPs Agreement and providedthe legal ground to the developing countries for accessing the cheap generic drugs. However, three years have passed since the Decision made,not a single drug under the Decision has produced for the country thatneed it. Meanwhile, both developed countries and developing countriescriticize the Decision from different aspect. Thus, make an analysis of thecriticisms of both the north and south countries to find out the realproblems in the implementation of the Decision is critical to China'sapplication. This article tries to make a recommend for China'simplementation of the Decision by analyzing the criticisms of both thenorth and south countries, and ensure that China can get the drugs in needsuccessfully during the public health crisis under the Decision.The whole paper is divided into five parts:The preface introduces the background and the meaning of the topicand then introduces the path of the research, paper's construction andliterature summarize.The second chapter makes a review of the international background,processes and legal status of the Declaration and the Decision.The third chapter, which is the center of the paper, makes an analysisof the criticisms from both the developed and developing countries onimplementing the Decision and then makes a comment.The forth chapter makes a recommend to China's implementation ofthe Decision.The fifth chapter is the conclusion. The chapter restates the FTA/RTA and the compulsory licensing, two factors that influence theimplementation of the Decision most. Then the chapter points out thatChina should treat the compulsory licensing mechanism rationally andrefuse to sign the FTA/RTA which might do harm to the public health.