Trips can be circumvented if individual countries cite national emergency as a defence. Lawyers working for campaign groups and developing world governments are poring over it to define what constitutes a national emergency. Brown's call for an advanced purchase fund of Aids drugs for African nations is also beginning to gain momentum. But the war on patent infringement by the pharmaceuticals goes on. Under pressure from Roche of Switzerland and Merck of the US, the United States has taken Brazil to the WTO Dispute Settlement Panel.
Brazil is proud to be the most flagrant abuser of international patent law.
The panel is due to meet next month. Brazil faces trade embargos that would undermine any progress that the South African court case may have achieved. To adopt such sanctions against what is the engine room of the Latin American economy would send out strong signals to India and China, which would like to adopt similar policies. Poverty, indeed, kills people with Aids. Poor healthcare systems - and poor access to drugs.