WTO成员方认可《TRIPs协议修正案》的法经济学分析

与一般强制许可相比,《TRIPs协议修正案》下的强制许可,其生产成本更高。由于受到竞争、竞售药品、生产成本、风险、市场大小、药品捐赠等经济因素的影响,许多通用药品制造公司不愿意援引《修正案》及其所涉强制许可制度生产并且出口药品。多个经济因素的存在,都会影响到WTO成员方对《修正案》的认可。

A Legal-Economic Analysis of the Acceptance of TRIPS Agreement Amendment by WTO Members

The producing cost arising from the compulsory licensing under the TRIPs Agreement Amendment is higher than that from the ordinary compulsory licensing.Whether the WTO members accept the TRIPs Agreement Amendment is based on the following economic factors,such as contention,competition for marketing drugs,production cost,risks,market sizes and donations.Therefore,some generic pharmaceutical manufacturers are unwilling to manufacture and export drugs in conformity with the TRIPs Agreement Amendment and the similar compulsory licensing regimes.Under these circumstances,the acceptance of TRIPs Agreement Amendment shall be greatly influenced by these economic factors.