Patente de invenção e acesso a medicamentos em tecnologias sanitárias de alto custo

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Universidade Federal de Goiás


The object of this study is the access with high cost technological drug for the Brazilian population. The general objective is to analyze whether the invention patent is in addressing the challenges for access to medicines in high cost health technologies for the realization of the constitutional right of health from the perspective of pharmaceutical care. The specific objectives are to provide historical and theoretical knowledge to present the historical evolution of international intellectual property regimes, the interrelationship with Brazilian domestic law, to demonstrate what the international scenario was like before before the TRIPS agreement and analyzing the compromising impacts related to innovation bring the consequent problem of access to medicines. Qualiquantitative medotology is used for a broader coverage of the theme, with the inductive method to compare the geopolitical behavior of the countries India, China and Brazil, focusing after the TRIPS Agreement and the deductive in the theoretical discussions. The justification is that public health is a worldwide problem, especially in developing countries such as Brazil, because there is a lack of investments in research for the quality and life of the population. It is also justified because it shows that the emergence of neglected diseases typical of developing countries creates a promising scenario for the creation of an international treaty between public and private entities for access to this neglected population. The key question is what are the real factors that drive the pharmaceutical industry to invest in research, development and innovation in developing countries? Low investment in R & D & I leads to a gap between technological innovation in developing countries. So far, the partial results show the legal milestones of innovation in Brazil, showing that R & D & I is growing slowly, but the legalistic scenario is more propelling than in the last decade, bringing tax benefits to industries that commit to investing in the environment. drug market for neglected diseases. The pricing of medicines is directly proportional to the access to medicines that are granted via administrative or judicial. Besides all the problematization in the incentive of R&D&I, there is bureaucracy of the regulatory agencies that effect the access to medicine like Anvisa. The high cost of high-tech medicines impacts the public coffers, as well as the health plans that are triggered. There is a risk sharing agreement with the pharmaceutical industry in the negotiation for access to medicines, and in some cases it is up to the courts to settle conflicts of interest.



SANTOS, Caroline Regina dos. Patente de invenção e acesso a medicamentos em tecnologias sanitárias de alto custo. 2019. 158 f. Tese (Doutorado em Biotecnologia e Biodiversidade em Rede Pró-Centro-Oeste) - Universidade Federal de Goiás, Goiânia, 2019.