Resumo

BECERRA RAMIREZ, Manuel. Pharmacists, intellectual property and human rights. In search of balance. Derecho glob. Estud. sobre derecho justicia [online]. 2020, vol.5, n.15, pp.143-177.  Epub 04-Ago-2020. ISSN 2448-5136.  https://doi.org/10.32870/dgedj.v5i15.375.

Arguing the need to reward innovators (usually big transnational companies), in the early 1990s of the last century, intellectual property rights of pharmaceutical inventions were introduced into free trade agreements. This fact has a great international legal and economic significance. In principle, when pharmaceutical inventions are marketed, the population’s access to drugs is hindered. At the same time, it is a violation of the human right to health, recognized by international law, and that the State has an obligation to ensure. The COVID-19 pandemic rethinks whether or not pharmaceuticals are properly integrated into the intellectual property rights system. Also, the tremendous impact of the pandemic on all aspects of social life invites reflection on the future of exploitation monopolies in areas as important as human health.

Palavras-chave : pharmaceutical patents; human right to health; intellectual property; pharmaceutical companies; COVID 19 and intellectual property.