AIDS in Developing Countries by Nancy Harris

By Nancy Harris

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S. government holds patent or other intellectual property rights. Existing law permits Washington to take such steps. With a license, the WHO could contract with private generic makers to produce the medicines and distribute them widely in the developing world. S. S. government controls rights to many important HIV/AIDS treatment pharmaceuticals. Finally, it should be reiterated that although access to essential medicines is of critical importance, much more must also be done to prevent the spread of HIV/AIDS and to improve treatment of those infected.

Secondly, successful vaccines have been developed against other retroviruses. Thirdly, almost all humans develop some form of immune response to HIV infection, with some exposed people remaining uninfected or developing immune responses that are protective or that are able to control the viral infection over long periods. Some people have remained free of disease for up to 20 years, often with undetectable viral loads. A group of sex workers from Nairobi and South Africa has remained HIV negative despite continuing high risk exposure; resistance to HIV infection in these people is thought to be due to their ability to mount protective immune responses to HIV, rather than to any innate host genetic factors.

S. Companies and Government Have Blocked Drugs 41 claims that compulsory licensing unfairly impinges on corporate intellectual property rights. The companies’ unstated, overarching concern is that the United States and other industrialized nations might follow developing countries in pursuing compulsory licensing and parallel imports to lower consumer prices. These industry claims, however, ignore the fact that compulsory licensing is part of the intellectual property system—it is one of the many limitations on patent rights, and patent holders know this when they receive a patent.

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