PROPRIEDADE INTELECTUAL COMO RECURSO DE PODER DESAFIOS DAS PATENTES FARMACÊUTICAS PARA A SAÚDE PÚBLICA BRASILEIRA

Abstract

This article will address the protection conferred to intellectual property and the impact of this protection on the innovation process and on the social and economic development of the State, particularly concerning patents on pharmaceutical products and processes. The objective of the research is to analyze whether the traditional discourse that protection of intellectual property is a necessary instrument for innovation holds up when examined more closely in reality. To this end, a theoretical research methodology was employed, consisting of a study of the relevant literature on the themes of intellectual property protection, innovation, social development, pharmaceutical patents, and public health. From the research conducted, it was possible to conclude that the innovation process is complex, collective, and multifactorial. In this sense, the monopoly of intellectual property is not justified from the perspective of its necessity to the innovation process. Furthermore, the flexibility of patent protection is crucial to ensure access to medications and health-related products at reasonable prices, as well as their availability in the Brazilian Public Health System, and consequently contributes to the social development of the country.