TRIPS and Compulsory Licensing: Increasing Participation in the Medicines Patent Pool in the Wake of an HIV/AIDS Treatment Timebomb

Authors

Lauren Ulrich

Abstract

Despite the significant progress that has been made in recent decades to increase access to HIV/AIDS antiretroviral medicines in developing countries, a treatment timebomb awaits unless immediate action is taken to decrease the price of antiretroviral drugs. The Medicines Patent Pool (MPP) can serve as a valuable tool to increase access to patented HIV medicines in developing countries if participation in the pool by patent holders can be increased. This Comment argues that governments in countries hardest hit by the HIV/AIDS epidemic can increase participation in the MPP by collectively exercising TRIPS flexibilities and issue compulsory licenses for HIV medicines. Such a concerted effort by low- and middle-income countries to issue compulsory licenses could make the MPP more effective at increasing access to new and more affordable HIV medicines to respond to the treatment timebomb.

Recommended Citation

Lauren Ulrich, TRIPS and Compulsory Licensing: Increasing Participation in the Medicines Patent Pool in the Wake of an HIV/AIDS Treatment Timebomb, 30 Emory Int'l L. Rev. 51 (2015).
Available at: https://scholarlycommons.law.emory.edu/eilr/vol30/iss1/4