O licenciamento compulsório de patentes farmacêuticas: estudo do caso do efavirenz

• Autor(a) principal: Maciel, Victor Gomes
• Data de Publicação: 2012
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Institucional da Universidade Federal do Ceará (UFC)
• Texto Completo: http://www.repositorio.ufc.br/handle/riufc/27812
• topic: Patentes; Medicamentos

The patent grants to its owner the right of exclusive economic exploitation, which represents an award for the contribution for society and a compensation for the expenses that he had during the research and the development of the product or the process patented. This power, however, has several limits. The contemporary studies about the concept are rooted more than ever – considering the process of constitucionalization of the Brazilian law – in the social role of property. In these terms, the social role is also inseparable from intellectual property and, wherefore, from patent. The preoccupation with the restriction of this institute was subject of discussion within the World Trade Organization (WTO), when it was accessorily signed the Trade-Related Aspects of Intellectual Property Rights (TRIPs), which is considered the most important agreement about intellectual property, whose dispositions bind its States members. This agreement allowed the creation of a mechanism that aimed the control of abuses and arbitrariness committed by the patent owner, as well to guarantee that the social interest and the national emergency would prevail over the intention of profit of the inventor: the compulsory license. In Brazil, the pioneer case of effective use of this instrument occurred against the patent of the Efavirenz, which was one of the several drugs that made up the called “antiaids’ cocktail”, which was used in the treatment of HIV positives, whose owner is the laboratory Merck Sharp & Dohme. The measure is supported by the Brazilian policy to fight AIDS, which is applauded by the international community, but doesn’t escape from critics.