The principle of sharing scientific knowledge vs. intellectual property: Regarding pharmaceutical patents in the context of the COVID-19 pandemic

• Autor(a) principal: Rocha, Manuel Lopes
• Data de Publicação: 2021
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Cadernos Ibero-Americanos de Direito Sanitário (Online)
• Texto Completo: https://www.cadernos.prodisa.fiocruz.br/index.php/cadernos/article/view/801
• topic: Propiedad intelectual; Exclusivo; Límites; Patentes farmacéuticas; Intellectual property; Exclusive; Limits; Pharmaceutical patents; Propriedade Intelectual; Exclusivo; Limites; Patentes farmacêuticas

Intellectual property law has its exceptions and internal limits, as provided by law. In recent times, there has been a growing discussion of its compression in the light of general principles, such as public interest, freedom of expression or public health. It would be said, therefore, that these rights also have a social function, in addition to protecting the rights of their holders, which is especially true for pharmaceutical patents. Much of this discussion has always, in fact, passed through pharmaceutical patents, their granting and exploitation, especially regarding biotechnological patents. This discussion has become increasingly exacerbated regarding the patents on vaccines intended for treatment against COVID-19. There is no shortage of people who want to use the means provided by national and international laws to compel mandatory patent licenses and even their expropriation. At issue, however, may be other aspects, such as contracts poorly negotiated by the European Union Commission with pharmaceutical companies and logistical problems in the production of vaccines. On the other hand, focusing the discussion on patents, can be reduced, there are other aspects of intellectual property to consider. However, the answer will most likely lie in the balance between the rights of patent holders and the public interest.