The Political Economy of HIV/AIDS in Developing Countries
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The Political Economy of HIV/AIDS in Developing Countries

TRIPS, Public Health Systems and Free Access

Edited by Benjamin Coriat

The book is based on original data and field studies from Brazil, Thailand, India and Sub-Saharan Africa. Focusing on the issue of universal and free access to treatment (a goal now taken to heart by the international community), it assesses the progress made and presents a rigorous diagnosis of the obstacles that remain, especially the constraints imposed by TRIPS and the poor state of most public health systems in Southern countries. In so doing, the book renews our understanding of the political economy of HIV/AIDS in these vast regions, where it continues to spread with devastating social and economic consequences.
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Chapter 7: Compulsory Licensing in the Real World: The Case of ARV Drugs in Brazil

Cristina de Albuquerque Possas


Cristina de Albuquerque Possas INTRODUCTION In the contemporary world, new advances in molecular biology and genetic engineering resulting from the new biotechnology revolution are reshaping science and technology into new paradigms, creating a broad range of processes and products with fantastic potential in diverse areas of human activity. The impact of these changes on the pharmaceutical industry has been extraordinary. New recombinant vaccines and drugs are emerging as important innovations for the prevention and treatment of several infectious and chronic degenerative diseases. These new technological developments are challenging both developed and developing countries to implement new ethical and regulatory procedures, related to biosafety and intellectual property rights (IPR), raising crucial and controversial issues. The interesting aspect in the emergence of these relatively recent regulatory procedures is that in most cases they have extended their scope far beyond the need to protect innovators, raising ethical and moral concerns about the protection of the life and health of consumers and volunteers for clinical trials. In fact, they have become increasingly subordinated to monopolistic market strategies and are used by firms in the developed world as important economic barriers to access by the developing world to favourable international trade conditions, thus broadening the gap between north and south. Following this regulatory tendency, an international system for patenting life and life-saving products emerged after the Uruguay Round in 1984 and the creation of the World Trade Organization (WTO). In the new IPR system introduced by TRIPS, pharmaceutical products are subject to patents, just like...

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