For US Foundation Brazil Cannot Invoke Health Emergency to Break AIDS Drug Patent

With a number of other non-profit groups, ITSSD (Institute for Trade, Standards, and Sustainable Development) is calling attention to Brazil’s threat to break U.S. patents on American AIDS drugs used as part of Brazil’s government-funded treatment program. 

After reviewing the initial official statements coming out of Brazil, ITSSD concluded that Brazil would be in violation of the Trade Related Aspects of Intellectual Property or TRIPS Treaty, if it pursues this course of action.


It is questionable if Brazil’s government could invoke the “health emergency” clause of the Doha Declaration amendment to the TRIPS Treaty, allowing developing countries to temporarily suspend patents on products needed to alleviate a legitimate health crisis. 


Examples of such emergency often include response to an anthrax attack in the U.S. or a sudden outbreak of a treatable disease in Sub-Saharan Africa. 


Brazil’s AIDS infection rate of 0.6% has parity with that of the United States at 0.5%.  For comparison, the AIDS infection rate in Swaziland is 38.6% according to the impoverished African nation’s Health Ministry.


Brazil is a major United States trade partner, with more than $35 billion in trade occurring between the two nations each year. 


At the same time, Brazil is by far the worst abuser of intellectual property rights in the Americas.  According to the USTR (United States Trade Representative), piracy losses to American businesses add up to nearly $1 billion in losses annually.


“Brazil is about to contravene a major trade agreement in a thinly veiled effort to bolster its national pharmaceutical industry,” said Ambassador Slavi Pachovski, president of the Institute for Trade, Standards, and Sustainable Development. 


“If Brazil is allowed to move forward without penalty, it will send economic and trade repercussions throughout the world and puts the global efforts to fight the AIDS epidemic at risk.  Brazil cannot be allowed to act in this way.”


ITSSD’s white paper identified Brazil as an emerging global power, with ambitions at a permanent UN Security Council seat and its domestic pharmaceutical industry primed to reap the benefits of years of research and hundreds of millions of dollars in American pharmaceutical research.


Widespread coverage of Brazilian President Lula’s recent visit to African nations has him discussing future AIDS drug trade programs – a capability the South American country does not yet have.


ITSSD’s paper, co-authored by Pachovski and ITSSD’s CEO, Lawrence Kogan concluded that Brazil’s threatened patent theft will not only harm fundamental research but would also preclude Brazilian industry from cutting-edge innovations essential to bolstering the country’s emerging markets.


The Institute for Trade, Standards, and Sustainable Development (ITSSD) is an international legal research foundation established to promote positive paradigm of sustainable development and protect free enterprise and international trade. 


Founded by former UN Ambassador Slavi Pachovski and ITSSD CEO Lawrence Kogan, the Institute examines international law as it relates to trade, industry and sustainable development around the world. 


Institute for Trade, Standards, and Sustainable Development – www.itssd.org

Tags:

Ads

You May Also Like

Boosting Consumption Won’t Work for Brazil This Time, Says Expert

For the professor of the Economics School at the Getúlio Vargas Foundation (FGV) in ...

Brazil to Get 78 New US$ 0.40-a-Meal Restaurants

The director of Food and Nutritional Security of Brazil’s Ministry of Social Development and ...

Brazil’s World Trade Center Seminar Discusses Global Trade in Middle East

Ozires Silva, the chairman of the Advisory Board of the São Paulo World Trade ...

Lula’s Cancer Discovered by Chance After His Wife Complained of a Headache She Was Having

Brazil’s former president Luiz Inácio Lula da Silva was diagnosed with throat cancer this ...

Brazil Anticipating US$ 35 Billion in Foreign Direct Investment This Year

According to the projection of the Central Bank of Brazil, the country should receive ...

Brazil Ponders Joining the US$ 100 Laptop for All Bandwagon

Brazilian President Luiz Inácio Lula da Silva appointed a work group to assess the ...

Agrarian Reform Being Delivered As Promised, Says Brazil

The Brazilian Minister of Agrarian Development, Miguel Rossetto, said that, through September, the government’s ...

President Lula Reminds World that the Amazon Has an Owner: Brazil

It's time the world realize that the Amazon has an owner and that that ...

Payback Time in Brazil: Friends Get Cabinet Post

March 15th was the 20th anniversary of Brazil’s latest experiment with democracy. For the ...

Brazil Starts Biodiesel Drive

August 25 was the official launch of the endeavor by Brazil to produce a biodiesel ...