South Centre Submission on HIV and the Law, August 2011

Global Commission on HIV and the Law: Specialised Submissions (South Centre Part).

The South Centre is pleased to respond to the call for specialist submissions by the Commission on how can the law be used to scale up effective HIV responses and how can the law be a ‘game-changer’. In this submission we explain how intellectual property law and its implementation in national legislation may affect public health and access to medicines, including effective HIV responses.

We forward some suggestions on how the flexibilities in the intellectual property system may be used by countries to promote public health objectives, particularly access to antiretrovirals (ARVs). This submission particularly focuses on the standards of patentability criteria and the use of compulsory licenses as key flexibilities necessary for developing countries’ with respect to public health.

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