Zita Lazzarini


The HIV/AIDS epidemic has made the problem of access to

pharmaceuticals in developing countries a subject of intense public

debate. This Essay contends that tensions between intellectual property

rights and human rights are largely resolvable through the full utilization

of exceptions under new international trade and intellectual property

rules. Rather than undermining these regimes, the approach laid out in

this Essay was anticipatedb y the internationalf orum that established the

World Trade Organization and issued the Trade-Related Aspects of

Intellectual Property Agreement (TRIPS). Brazil's experience illustrates

possible strategies, relevant to developing countries, which can be used to

strike a balance between respect for public health and human rights and

protection of intellectual property rights.