[Pharm-policy] Brazil decree on compulsory licensing in cases of national emergency

[James Love]

One section of the Dec 3, 1999 PhRMA NTE submission describes an October
6, 1999 Brazilian Presidential degree permitting compulsory licensing in
cases of national emergency.  Jamie


http://www.phrma.org/issues/intl/brazil.html

"This is further aggravated by the October 6, 1999 issuance of a
Presidential Decree regulating the implementation of Article 71 of the
law, which governs the grant of compulsory licenses in broadly defined
situations of national emergency. Beyond any definition-related
concerns, this particular decree is troubling because of the absence of
any dialogue with industry prior to its publication, the broad
discretionary powers given to officials below the presidential level,
the apparent inconsistency with TRIPs obligations, and subsequent
potential benefit to domestic manufacturers, and the mandatory transfer
of technology considered in Article 5."

-- 
James Love
http://www.cptech.org
mailto:love@cptech.org
voice 1.202.387.8030