Access the medicines and pharmaceutical patents: systematic analysis of protection under the perspective of the sustainable development / Acesso a medicamentos e patentes farmacêuticas : análise sistêmica sob a perspectiva do desenvolvimento sustentável

AUTOR(ES)

Patrícia Luciane de Carvalho

DATA DE PUBLICAÇÃO

2007

RESUMO

The protection for the right to the access for the medicines and the right from pharmaceutical patents is carried through by the international order and the national jurisprudence. One and another one are complementary and harmonic, here it is that they possess for bedding the human rights, which are recognized, in Brazil, as of basic nature to the right for the life, to the dignity and the sustainable development. The Brazilian jurisprudence, with prominence for the Federal Constitution, constructed the protection to the access to the medicines and the patents pharmaceutical having for parameter the construction of the international order, mainly the works of the international organizations, the example is the Organization of United Nations, the Organization of the American States and the World trade Organization (when GATT). As result, the offered protections are similar, that is, they are not abstained, but they complement one to another. The problematic one occurs how much to the effective use of flexibilities to the rules of the international trade, as well as of the national effectiveness to the access medicines, not only to the essentials, but in general form, mainly by means of the execution of preventive public politics. It is evidenced that one or another problematic has for motivation the omission from the State in fulfilling with the international guidance and the determination of the national legal system, where these last ones are outward by the accomplishment program, inside of a budgetary and secular context. In such a way, it is concluded that it fits primordially to the State, with innovative solutions, as the production of generic, by means of joint ventures, to exert the compatibility between the access to the medicines and the right from the pharmaceutical patents, for both turn to the sustainable and gradual development.

ASSUNTO(S)

propriedade industrial - legislação medicamentos genéricos patentes - legislação medicamentos - legislação direito

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