Brazil Will Break AIDS Patent Monopoly
Newest update on the Brazil patent-breaking saga: the Brazilian health minister has announced intentions to authorize generic production of the anti-retroviral Kaletra by July 6th unless Abbott, the patent owner, voluntary agrees to slash prices on its own.
Relatedly, I should pass along the observation from CP Tech’s IP-health listserv that there appears to be a widespread misconception that there are no precedents for putting AIDS drugs under compulsory license. As a list from CP Tech shows, compulsory licenses for anti-retrovirals have been issued in Mozambique, Zambia, Malaysia, Indonesia and South Africa. While the Brazil case will have significant ripples for other countries hoping to improve access to essential medicines, it’s important to emphasize that the practice of issuing compulsory licenses based on government discretion (rather than strictly in “emergency” circumstances) is not only legal in theory but is also supported by actual precedent in a number of countries.



