In negotiations with major laboratories, the governments of large non-innovative countries allegedly have greater bargaining power than those of innovative giants among emerging countries. How could this be possible? The answer is that only large non-innovative countries can, in practice, consistently employ a strategy of constant threat to compulsory licensing to ‘circumvent’ the patent protection of drugs set out in the TRIPS Agreement. The subject is addressed in depth in the book ‘Líderes improváveis: a batalha dos países em desenvolvimento pelo acesso a medicamentos patenteados’ [Unlikely leaders: the battle of developing countries to access patented medications], which will be launched by FGV Publisher on June 27, in São Paulo.

Written by Bruno Meyerhof Salama (FGV’s Sao Paulo Law School – Direito SP) and Daniel Benoliel (Haifa Law School – Israel), the book offers a comparative approach towards the topic, focusing on the economic, political and legal drivers that have been placing countries like Brazil, Thailand, Malaysia, and South Africa in the unlikely position of leader.

This thought-provoking study has its starting point in the actions of the Brazilian government as of the late 1990s, when the country was mentioned in international literature as a typical aggressive negotiator in the field of pharmaceuticals. Studying this case allowed researchers to break down the dynamics of negotiations between governments of developing countries and major pharmaceutical companies.

Based on this case, the authors seek to understand the logic that places developing countries (albeit different from each other) in the forefront of the debate surrounding the compulsory licensing of patented drug formulas.

The book launch event will take place at Livraria da Vila, in the Jardins district (Alameda Lorena, 1731), starting at 6:30 p.m. on June 27. Go to the website for more information on the book.