Understanding of for whom, under what conditions and how the compulsory licensing of pharmaceuticals works in Brazil and Thailand: A realist synthesis

ABSTRACT

When pharmaceuticals are not fully available mainly due to the high cost of medicines, a government can issue compulsory licensing (CL). It is well documented that Brazil and Thailand have notably attempted CL. A realist review was undertaken to understand the identical social interventions in comparative settings, and to draw practical implications for attempting CL relevant for middle-income countries in the era of high-cost medicines. CL is not only a politically well-devised measure to achieve universal health coverage, but also a tentative commitment, which is determined both at the country level and at the global level. At the country level, political will, with catalytic roles of civil activism, is important in order to guarantee the right to health. Through this will, the governments can achieve universal health coverage. In addition, electoral systems, political leaders, and a constitution are necessary to attempt CL. In addition, CL should operate along with other policy instruments, including a comprehensive essential medicines list, CL-friendly phrasing in patent law, and a competent pharmaceutical industry. At the global level, the balance of power between the WTO regime and the global justice movement is critical. This provides global-level context that can either encourage or prevent CL.

KEYWORDS:

• Compulsory licensing
• access to medicines
• universal health coverage
• HIV/AIDS
• pharmaceutical
• realist review

Disclosure statement

No potential conflict of interest was reported by the authors.

ORCID

Kyung-Bok Son http://orcid.org/0000-0002-6343-5808

Notes

1 Information on attempted CL for Tamiflu is not widely distributed. However, Thailand was one of the most active countries in their threats to issue CL with China and Taiwan (Feddersen, Gottschalk, & Peters, 2017).