ABSTRACT
The current chapter examines the TRIPS-compliant patent laws introduced in Brazil in the post-TRIPS era. It is argued that the TRIPS Agreement was implemented too soon in Brazil, and the TRIPS flexibilities, although available, had not been fully utilised due to pressure from transnational pharmaceutical corporations backed by developed countries, fear of exclusion from major trading blocs and a gap in the knowledge economy. The discussions include the right to health, introduced by Brazil as a constitutional right in the 1980s, and the anti-AIDS programme that was implemented later, both of which had helped to promote better access to medicines in the country. The study also presents Brazil’s trials and tribulations in seeking to fully utilise the TRIPS flexibilities to achieve its goal of the right to health.
