卫生法学

新冠疫苗专利豁免是提高疫苗可及性的全球公共卫生治理举措。2022年6月，WTO通过关于允许发展中国家豁免新冠疫苗生产所需成分和工艺专利的决定。但各类法律问题层出不穷，尤以假冒伪劣新冠疫苗为突出，新冠疫苗专利权能否全面适用豁免机制仍亟待商榷。从专利豁免产生的假冒伪劣新冠疫苗法律问题切入，准确分析其形成与认定。通过评析假冒伪劣新冠疫苗法律规范，进而综合研究并提出完善公共卫生治理下新冠疫苗法律制度的可行建议，提供多种合理、可行的法律规制经验；结合二十大精神，提出推进构建人类卫生健康共同体的中国对策，进一步巩固全球公共卫生治理体制。

The novel coronavirus vaccine patent exemption is a global public health governance decision to improve vaccine access. In June 2022, the WTO adopted a decision allowing developing countries to waive patents on ingredients and processes needed for COVID-19 vaccine production. However, various legal problems emerge in an endless series, especially the fake and shoddy COVID-19 vaccines. Whether the patent rights of COVID-19 vaccines can be fully applied to the exemption mechanism remains to be discussed. Starting from the legal issues of fake and shoddy COVID-19 vaccines generated by patent exemption, this paper accurately analyzed their formation and identification. By evaluating and analyzing the legal norms of fake and shoddy COVID-19 vaccines, this paper comprehensively studied and proposed feasible suggestions for improving the legal system of COVID-19 vaccines under public health governance, provided a variety of reasonable and feasible legal regulation experience. Combining the spirit of the 20^TH CPC National Congress, China has put forward measures to promote the building of a community of human health, the public global health governance system should be further consolidated.