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.
Making Access to Pharmaceuticals a Reality: Legal Options Under TRIPS and the Case of Brazil,
Yale Hum. Rts. & Dev. L.J.
Available at: https://digitalcommons.law.yale.edu/yhrdlj/vol6/iss1/4