A regulação transnacional de patentes e o acesso à saúde na sociedade global: compatibilidade entre o direito à propriedade intelectual e o direito à saúde

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

The juridical system in the modernity identifies the goods produced intellectually as private property modality, and since then, the patent has been the instrument rationally created to protect an invention. However the patent is a paradoxical instrument, because it deals with the private appropriation of goods of collective nature. At the end of the 20th century the intellectual rights of properties were re-addressed to WTOs scope by the TRIPS Agreement. When dealing with the intellectual rights of properties in the scope of the international commerce the WTOs state-members, carrying into account the serious global sanitary problems, as AIDS legalized the Dohas Declaration as a form of supporting the public health regarding the access to medication. It sustains that both systems, sanitary and patent, are essences to the global society, however the very society puts itself in risk every time it opts in standardize the patent monopoly for all the research sectors. To guarantee the access to the medications to all those that need the anti-retroviral therapy is to acclaim health as a human right without, however, preventing the scientific advance. It is confirmed that the medications patents current system does not correspond to the expectations of the serious global sanitary problems, because the priority of the pharmaceutical laboratories is the maintenance of the medications commercial exploitation monopoly patented by them. Thus, it analyzes such system by the risk conception, in other words, by the perspective of the serious social and economic menaces as hunger, infectious diseases and poverty, generated by the technological, behavioral, scientific and normative options of the global society. When considering that the epidemic processes are menaces to the company and to the human sustainability it is up to the political system to take decisions on the compulsory licensing or not of the medication patent in a future anticipation attempt and decrease of the uncertainties regarding the access to the anti-retrovirals. The utilization of the compulsory license has its effectiveness reduced by the bilateral agreements that overtake the limits imposed by TRIPS bringing damage to the States that are in most need of technology. Regarding worthier perspectives of health, including the access to the essential medications, what we see is that the mechanism of the compulsory license is juridical uncertain, because it is still insufficient to treat the serious global infectious problems. However, as all social life needs to be guided by the law, it is proposed the creation of a transnational system of controlled patents via an International Organism that makes compatible the communication among economic rules and the sanitary rules standing out by the human health and the access to the essential medications

ASSUNTO(S)

direito acesso à saúde sociedade global sistema transnacional de patentes direito à saúde licença compulsória compulsory license transnational system of patents global society right to health access to health

ACESSO AO ARTIGO

Documentos Relacionados