Over the past ten years, an increasing number of countries are initiating, negotiating and agreeing new trade agreements between two countries or amongst a group of countries. These are commonly known as free trade agreements or “FTAs”1, and they are promoted as providing significant economic benefits to signatory countries through the removal or reduction of barriers to trade in goods and services.

This Regional Issues Brief has been written to provide an overview of an area of enquiry that the Global Commission on HIV and the Law is examining – issues of laws pertaining to intellectual property rights and access to medicines.  It has been undertaken through a literature review of laws and documentation of their enforcement in the context of Asia and the Pacifi c. It serves as an information resource and complements the report of the Regional Dialogue for Asia and the Pacifi c that was held under the auspices of the Global Commission on HIV and the Law in Bangkok on 16 and 17 February 2011.

The purpose of the Discussion Paper is to facilitate the UNDP consultation on enforcement of intellectual property rights, in particular anti-counterfeit measures and access to HIV treatment and other essential medicines in sub-Saharan Africa. The Discussion Paper summarizes the developments in intellectual property rights enforcement in the world and in the region. It elaborates on the public health impact of anti-counterfeit laws and discusses whether they are an adequate solution to the legitimate concerns about the quality, safety and efficacy of medicines.