The country will import a cheaper, generic Indian-made version of the patented Efavirenz drug.
The decision came after talks between Brazil and the US company broke down.
Merck had offered Brazil a 30% discount on the cost of the drugs but
the country wanted to pay the same price as Thailand, which gets a
Merck offered Brazil almost a third off the cost - pricing the pills at $1.10 (£0.55) instead of $1.59.
But Brazil wanted its discount pegged at same level as Thailand, which pays just $0.65 per pill.
Now, though, it will source Indian-made versions of Efavirenz for just $0.45 each.
"From an ethical point of view the price difference is grotesque," said President Luiz Inacio Lula da Silva.
"And from a political point of view, it represents a lack of respect, as though a sick Brazilian is inferior," he added.
He said that the compulsory licensing of Efavirenz was a legitimate and
necessary measure to guarantee that all patients had access to the
Brazil's decision means that Merck, which holds the
patent for the drugs, will only get a small royalty for the generic
versions of the drugs purchased. Under Brazilian law and rules
established by the World Health Organisation, such a licence can be
granted in a health emergency or if the pharmaceutical industry abuses
Some 75,000 Brazilians use Efavirenz, out of a total of 180,000 people
who receive free antiretroviral drugs from the government.
Aids activists in the country welcomed the decision.
"This is certainly an important advance in terms of widening access. We
are very happy that Brazil is moving in the right direction," said
Michel Lotrowska of NGO Medecins Sans Frontieres.
Thailand's decision to break Merck's Efavirenz patent,
as well as drugs produced by two other firms, led to the country being
placed on a US list of copyright violators.
The company said that Brazil's decision could
discourage pharmaceutical firms from investing in treatments for
illnesses prevalent in the developing world.
Brazil's move, Merck said, sent "a chilling signal to
research-based companies about the attractiveness of undertaking risky
research on diseases that affect the developing world."
This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner.