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April 19, 2011

Actions by the Thai Ministry of Public Health Raise TRIPS Concerns


On January 29, 2007, while Thai Prime Minister Sarayud Chulanont was trying to assuage concerns of foreign investors with vows to respect the rule of law, Thailand announced plans to break patents on Kaletra, useful for treatment of HIV/AIDS, and Plavix, useful for heart disease. More threats to use compulsory licenses to break further patents were later communicated. This article considers whether the TRIPS Agreement allows compulsory licensing of patents in this manner.

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Edward Kelly