Compulsory Licensing During Pandemic Times: Possible Lessons From the Efavirenz Case

Abstract

During the Covid-19 pandemic, partnerships between Brazilian laboratories and international companies were impor tant for the local production of the vaccine, due to the necessity to find an effective measure to preserve public health. However, it is necessary to investigate these partnerships beyond their benefits in order to understand their implications. Compulsory licensing consists of an exception to the transfer of technology contracts to guarantee the Brazilian’s population access to the vaccine and possible new drugs developed against Covid-19. Compulsory licensing has already been implemented in Brazil. In 2007, it was used by the federal government to solve the problem of access to efavirenz, an antiretroviral needed in the treatment of HIV/AIDS. Considering the similarities between the epidemics, this article aimed to answer, through empirical analysis, what the efavirenz case reveals about the legaleconomic process of patent exclusivity and the use of compulsory licensing during times of pandemic crises, such as the one of Covid-19. Based on the analysis of the bureaucratic process applied to the Efavirenz case, it was possible to infer that the compulsory license should have been executed by the Brazilian government to guarantee access to medical products during national emergencies.