With the efforts of developing countries, public health and intellectual property rights have become the topic of Doha Conference. At the Fourth Ministerial Conference of the World Trade Organization held in Doha, Qatar in November, 21, around the dispute between patent right and public health, with the efforts of third world countries, the delegates held three days of negotiations on TRIPS Agreement and public health, and adopted the Declaration on Intellectual Property Agreement and Public Health. At the Doha Conference, developing countries, represented by South Africa, called for respecting people's right to life and health and safeguarding public interests, which was well received by developed countries in the field of intellectual property rights. The Doha Declaration recognizes the seriousness of the public health problems afflicting many developing countries and the least developed countries. Emphasize the importance of intellectual property protection for the development of new drugs, and also acknowledge the state caused by the impact of this protection on prices; Agree that TRIPS should not be an obstacle for Parties to take actions to protect public health. The following issues related to TRIPS Agreement and public health were clarified: 5. Reaffirmed the commitment that developed country members should encourage their enterprises and institutions to promote and encourage technology transfer to the least developed countries according to Article 66, paragraph 2, of TRIPS Agreement.
The significance of the Declaration is positive. It confirms that public health should take precedence over private property rights, and clarifies the right of WTO members to make full use of the flexible clauses in the TRIPS Agreement. However, apart from clarifying the existing relevant provisions of the TRIPS Agreement, extending the transition period for the least developed countries to implement the TRIPS Agreement, allowing the government to freely decide on public health emergencies and issuing compulsory enforcement permits, the Declaration has not solved the fundamental conflict between the TRIPS Agreement and the protection of public health.