Licenciamento compulsório de patentes farmacêuticas e seu impacto durante a pandemia da covid-19

Abstract

This article aims to understand the compulsory licensing of pharmaceutical patents as a guaranteed tool of the Fundamental Right to Health in the scenario of Covid pandemic, whether in relation to immunizers, as an alternative to contracts for transfer of recognized technologies, whether in relation to possible medicines developed to treat the disease. From an empirical analysis of the projects of law relating to compulsory licensing, proposed in the Pandemic period, under the qualitative bias, through the methodological strategy of document analysis, we seek to understand what are the proposed changes in relation to the institute and what are the their legal impacts. It is used, as a guiding theory of the interpretation of the documents, the necessary interaction between morality of duty and morality of aspiration proposed by Bankowowski. The hypothesis worked is that the legislative proposals will be positive in the sense of facilitating, improving and streamlining the licensing procedure compulsory, if this proves necessary in the pandemic scenario. It is concluded that, although the bill nº 12/21 has been enacted and transformed into the Law Ordinary 14200/2021, there were changes proposed by the other projects that were no longer be included. Likewise, there were vetoes in the original text, motivated by the interest public, which contradict the regulations of important international landmarks in the field of Industrial property. However, other controversies, such as the fixing of the remuneration and expansion of the hypotheses for granting the compulsory license were resolved, bringing greater legal certainty to the institute, which follows the path of fulfill the morality of the aspiration of the Law.