WTO成员方认可《TRIPs协议修正案》的法律基础分析

Analysis of the legal basis for WTO members’acceptance of the Amendment to TRIPs Agreement

从实践来看,WTO成员方认可《TRIPs协议修正案》还存在着一定的法律障碍。WTO成员方可适用TRIPs协议而不适用《TRIPs协议修正案》就可达到一定的目的。WTO成员方愿意援引TRIPs协议强制许可条款而不愿意认可《TRIPs协议修正案》有一定的理由。

In practice,there are still some legal barriers hindering WTO members to accept the Amendment to TRIPs Agreement.WTO members can reach their aims by referring to TRIPs Agreement rather than the Amendment to TRIPs Agreement.It is indicated that the members have some reasons to apply the compulsory permit terms in the TRIPs Agreement rather than accepting the Amendment to TRIPs.