Brazil's Prior Consent Law: A Dialogue between Brazil and the United States over Where the TRIPS Agreement Currently Sets the Balance between the Protection of Pharmacuetical Patents and Access to Medicines


Brazil's new prior consent law is analyzed by an American and a Brazilian practitioner. The law allows Brazil's federal health ministry to deny patent protection of pharmaceuticals if patent protection is deemed contrary to the public interest. The law is analyzed under domestic as well as international law, particularly TRIPS. The current debate concerning intellectual property rights and access to medicines is also discussed.