Proteção patentária para produtos e processos farmacêuticos: a questão da constitucionalidade das patentes pipeline

Abstract

The present work is about intellectual property rights for pharmaceutical products and processes and their relation with the promotion of the human right to health, especially regarding access to essential medicines. Furthermore, it takes into consideration questions regarding the objectives of the present intellectual property system and its fulfillment, especially regarding the promotion of the right to development and the promotion of new inventions. To illustrate the discussion, the work brings the example of the Brazilian pipeline patents and their impact in the local production and in access to medicine in Brazil. It takes into especial account the question of the constitutionality of the pipeline patents, recently challenged in the Brazilian Supreme Court by the Federal General Prosecutor at the Direct Action of Unconstitutionality 4234. The work also presents a brief compilation of the positions presented by several players at the Supreme Court related to that legal action and presents arguments in favor of the unconstitutionality of the pipeline patents. At the end, takes into consideration the compatibility of the pipeline mechanism with the main international treaties regarding intellectual property rights and brings decisions of the Supreme Courts of other countries that adopted similar mechanisms into their national legislation.