TRIPS and the right to human health: A case study on Brazil's health policies and its implications

Abstract

The incorporation of intellectual property laws in Brazil, by drafting or amending laws, as a result of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, has been a subject of political and social debate. The ambiguity of the Agreement's effects explains the Brazilian government's reluctance to address the issue, particularly concerning public health policies, as it presents a conflict between healthcare rights and intellectual property protection. The country had utilized compulsory licensing of an antiretroviral drug for AIDS treatment under Decree No. 6,108/2007. This precedent has sparked discussions about future cases of selective incorporation of compulsory licensing as a national prerogative, aiming to ensure that the patent system upholds the country's right to protect public health and promote access to medicines, in accordance with The Doha Declaration on the TRIPS Agreement. Nevertheless, such a pattern could undermine innovation and discourage private-sector investment and research, which is predominantly conducted by developed countries.