Should amorality be accepted as regards protection of the intellectual property in medicines where this results in unaffordable levels of pricing? It is a well-known fact that the legal monopoly conferred by a patent is particularly improper in the case of medicines which are essential to preserve the life of individuals afflicted by disease. It is an equally well-known fact that the situation of populations infected by HIV in developing and least-developed countries has become unsustainable because they cannot pay the prices demanded by the manufacturers for the life-saving or life-prolonging drugs which they require. This is a problem which demands an immediate solution; the effect of the present situation on African populations with a high incidence of HIV infection is virtually genocidal.One possible promising approach to the matter can be distilled from experience in Brazil where special measures were taken with respect to the production of non-patented medicines and strict controls were imposed on medicine distribution and sale.
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