Why Are Generic Drugs Being Held Up in Transit? Intellectual Property Rights, International Trade, and the Right to Health in Brazil and Beyond


  • Mônica Steffen Guise Rosina,

    1. Professor at Fundação Getulio Vargas School of Law in São Paulo and an expert in the fields of intellectual property and international trade law.
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  • Lea Shaver

    1. Associate Professor at the Indiana University Robert H. McKinney School of Law, and an expert in human rights and intellectual property law.
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Access to medicines faces a new legal threat: “border enforcement” of drug patents. Using Brazil as an example, this article shows how the right to health depends on international trade. Border seizures of generic drugs present human rights and trade institutions with a unique challenge. Can public health advocates rise to meet it?