Brazil breaks AIDs drug patent

Business Day reports that the Brazilian president has authorised Brazil to infringe the patent on Efavirenz, an HIV drug made by Merck. Brazil will import a generic version from India, but may eventually produce it itself. The move follows a breakdown in talks between Merck and Brazil, where Brazil urged Merck to only charge it the rate that it charges to Thailand. The president’s office said:

“The compulsory licensing of Efavirenz is a legitimate and necessary measure to guarantee that all patients have access to the drug.”

The IPKat always finds this issue a tough one. On the one hand, he appreciates that if companies can’t recoup their R&D, they won’t invest in these life-saving drugs, but he also sees the need to make the drugs realistically available to individuals.