Muito além do licenciamento compulsório: contrastando a epidemia de HIV e a pandemia de Sars-cov-2

Abstract

This work brings a critical study about the patent and compulsory licensing based on two relevant cases. The patent protects the idea and its creator, but to what extent does such protection end up going diametrically opposite to the way in which it was conceived? For this reason, the limits of patent protection must be analyzed, and, for this, factual cases will be used to demonstrate the possibility of such a legal institute becoming harmful in the public interest. More specifically, analyzing the data collected on the drug Efavirenz and the situation of compulsory licensing that took place in 2007, we will seek to create a context of comparison with the situation of Sars-cov-2. Through data collection, it was found that, in addition to maintaining the number of patent filing requests, the economic and diplomatic relationship with the laboratory that had its patent licensed was maintained. Therefore, compulsory licensing generated beneficial points that can be reapplied in the situation of public calamity introduced by the sars-cov-2 virus