WHO encourages poor countries to ignore drug patents

A World Health Organization (WHO) official is encouraging developing and underdeveloped countries to bypass patents on AIDS drugs.  According to this article, Dr. Bernard Fabre-Teste, a WHO AIDS advisor, said that poor countries should consider using international treaties and even taking unilateral action to bypass the patents.

The treaty option refers to a World Trade Organization agreement that allows countries to invoke a compulsory license to manufacture generic version of patented drugs when facing a public health emergency.  It also allows those countries to export drugs to other countries that have no domestic pharmaceutical industry.

Brazil recently made several threats to invoke the compulsory license provision.  To date, though, no country has formally invoked a WTO compulsory license.

Another option is unilateral action.  Malaysia recently did this by enacting a law that permits the importation of generic drugs for “noncommercial” or “non-profit” distribution, presumably despite any infringement issues.

The practical effect of all of this?  The calculus for determining the value of patent protection on pharmaceuticals around the world is undergoing significant change.  Will drug developers continue to seek protection in Brazil, Malaysia, and other developing nations?