International Intellectual Property Rights: Do TRIPS' Flexibilities Permit Sufficient Access to Affordable HIV/AIDS Medicines in Developing Countries?

Abstract

The World Trade Organization’s Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement seeks to standardize intellectual property laws around the world. TRIPS is controversial because, in effect, it limits access to affordable HIV/AIDS medicines in nations where they are desperately needed. This Note argues that although TRIPS’ compulsory licensing provision is an invaluable tool for improving access to affordable medicines, a tiered-pricing scheme in concert with a ban on parallel imports would help secure universally lower drug prices.