This Article explores the social and developmental underpinnings of the access problem and describes the legal framework that provides the backdrop for the Waiver's licensing scheme. Part III examines the various lenses, humanitarian, economic, and political, through which the underutilization problem may be viewed and explained. Part IV sets out the structural heart of the Waiver scheme's deficiencies: the notion of the “compulsory” license itself. Part V posits a co-op scheme of licensing that aligns the concerns, goals, and incentives of IP owners, importers, exporters, and consumers. Finally, the Article relates the proposed scheme to more general trends in thinking regarding the deployment of intellectual property assets.
Horace E. Anderson, Jr., We Can Work It Out: Co-op Compulsory Licensing as the Way Forward in Improving Access to Anti-Retroviral Drugs, 16 B.U. J. Sci. & Tech. L. 167 (2010), http://digitalcommons.pace.edu/lawfaculty/777/.