Pharmaceutical patent related legislation evolution in Brazil

• Autor(a) principal: Cotrim, Bruno Almeida
• Data de Publicação: 2022
• Outros Autores: Corrêa, Alexandra Barbosa de Godoy, Caldas, Diogo Oliveira Muniz
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista da EMERJ (Online)
• Texto Completo: https://ojs.emerj.com.br/index.php/revistadaemerj/article/view/432
• topic: patente; indústria farmacêutica; covid19; patent; pharmaceutical industry; covid19

The patent system is a way of granting a return for the inventor's intellectual and financial investment and making public this technical solution. The pharmaceutical industry is made up of companies that work with innovation and where new products and processes are often protected by patents. The objective of the present work is to develop a historical study and a critical analysis of the evolution of pharmaceutical patents legislation in Brazil and, specifically, to identify the impact of the new coronavirus pandemic in legislation modifications. It was observed that the national legal system refers to the patent protection since Colonial Brazil and that there was a concern to affirm this right in different Constitutions, in different codes relating to industrial property and in different other laws. However, for a long time, the legislation prohibited the pharmaceutical inventions protection through patents, this type of protection having only been possible after Law 9,279 of 1996. In conclusion, it is believed that there should be a balance between the company's right to recover the invested resource and make a profit by the development of a certain technology and the population's rights in relation to their health. The advent of the new coronavirus pandemic has led many to address the question of how to mitigate the patent protection of potentially useful pharmaceutical products for the covid-19 treatment.