WTO, Intellectual Property and Aids: Case Studies from Brazil and South Africa
Marcelo Dias Varella
University Center of Brasilia; University of California, Berkeley - School of Law
April 5, 2012
Journal of World Intellectual Property 2004, Vol. 7, pp. 523-549
The TRIPS Agreement establishes minimum norms for the protection of intellectual property rights. In certain fields, especially the pharmaceutical, it provides for an important degree of flexibility that the southern countries may be able to use to their own benefit. However, these countries frequently do not know how to take advantage of this flexibility, choosing instead to rely on the intellectual property criteria adopted by the northern countries. In other cases, this flexibility is insufficient to avoid problems in access to medications, as is the case for AIDS treatments.
Number of Pages in PDF File: 30
Keywords: intellectual property, HIV, AIDS, drugs, WTO, TRIPS
JEL Classification: K32, K33, O34Accepted Paper Series
Date posted: April 5, 2012 ; Last revised: February 22, 2015
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