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ICC Advance Access originally published online on November 27, 2006
Industrial and Corporate Change 2006 15(6):1033-1062; doi:10.1093/icc/dtl029
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© The Author 2006. Published by Oxford University Press on behalf of Associazione ICC. All rights reserved.

TRIPS and the international public health controversies: issues and challenges

Benjamin Coriat, Fabienne Orsi and Cristina d’Almeida

Correspondence: Benjamin Coriat, CEPN-IIDE, CNRS Research Unit 7115, Université Paris 13 Nord, Campus de Villetaneuse, 99, av.Jean-Baptiste Clément, 93430 Villetaneuse, France. Email: coriat{at}club-internet.fr.

The aim of this article is to contribute to an evaluation of the meaning and practical effects of the Trade-Related Intellectual Property Rights (TRIPS) agreement on public health issues. Section 2 presents the situation that prevailed for intellectual property (IP) protection in the pharmaceutical industry before the signing of the TRIPS, in both developed countries and developing countries (DCs). Section 3 is devoted to a presentation of the key changes that have taken place at the legal level with the signing of the TRIPS, providing an opportunity to highlight the way in which TRIPS has disrupted the existing situation by generating a series of serious tensions, notably in the relations between North and South countries. Section 4 is devoted to the new challenges posed by the post-2005 scenario, 2005 being the end of the transition period granted DCs to comply with the TRIPS requirements. Section 5, focusing on the Brazilian anti-AIDS program, tries to illustrate how the post-2005 scene has narrowed the margins for efficient action against the AIDS pandemics and put the Brazilian national public health program under strain.


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