TRIPS, Public Health Systems and Free Access
Edited by Benjamin Coriat
Chapter 1: New Antiretroviral Treatments and Post-2005 TRIPS Constraints: First Moves Towards IP Flexibilization in Developing Countries
1. New antiretroviral treatments and post-2005 TRIPS constraints: ﬁrst moves towards IP ﬂexibilization in developing countries Cristina d’Almeida, Lia Hasenclever, Gaëlle Krikorian, Fabienne Orsi, Cassandra Sweet and Benjamin Coriat* In many respects, the period since 2005 marks a watershed in international HIV/AIDS policy. The situation is marked by a strong contradiction. On the one hand, this period is characterized by the implementation, at international level, of scaling-up policies for increasing access to ARV treatments largely sponsored by international donors. On the other hand, it also marks (since 1 January 2005) the end of the transition period allowed to southern countries for TRIPS compliance; in practical terms, this means that these countries are entering a period of much tighter constraint in the ﬁeld of intellectual property rights, entailing, in particular, the fact that the production (or import) of low-cost generics is no longer possible except by means of exceptional measures. The paradox of these two contrary shifts places southern countries in a situation of extreme tension, leading some of them to resort to the use of the ‘ﬂexibilities’ contained in the TRIPS agreement. As a result, we have witnessed an unprecedented situation in terms of drug procurement strategies at a national level. This chapter is dedicated to a presentation of this new frame of action and the tensions and contradictions running through it. The aim is twofold: to specify the new characteristics of the era we have just entered and at the same time to present the strategies adopted by...
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