O sistema de propriedade intelectual e suas repercussões na política industrial da saúde, após o acordo TRIPS: um estudo comparativo entre EUA, China e Brasil

Abstract

The comparative historical analysis seeks to identify the impact and responses of the USA, China and Brazil within the scope of the Health Industrial Policy, especially in the pharmaceutical industry, to the scenario created with the intellectual property regime defined by the Trade Related Aspects of Intellectual Rights (TRIPS) , considering changes and performance in intellectual property and pharmaceutical production. Within this perspective, to achieve the proposed objectives, the comparative historical analysis approach was used to explain events and processes based on the preferences and choices of actors, within certain contextual conditions, taking into account the succession of events over time. To this end, the actions of actors such as National States and the Pharmaceutical Industry are observed. The study was based on theoretical references relating to innovation, technological innovation, technology transfer and intellectual property, in addition to the analysis of the main documentation relating to intellectual property (such as laws, decrees, jurisprudence and public policies) with a focus on the field of public health and the relationship between patents, production, financial values and access to medicines. Industrial policy is analyzed based on documents produced by the governments of the selected countries and its results are evaluated based on the performance of the productive segments in the health area, notably the Pharmaceutical Industry, and the health indicators of each country. The study pointed out that it is possible to infer that TRIPS had a significant impact on the innovation and production of new medicines in semi-peripheral countries, whether by introducing cutting-edge medicines into these markets, due to legal security for the foreign pharmaceutical industry, or by encouraging own production of medicines and strengthening the generics industry. It was concluded that the USA intends to maintain a central economic position and uses the flexibilities of TRIPS to strengthen itself, but it has found itself compelled to establish TRIPS Plus agreements in an attempt to maintain its hegemony, which has been shown to be insufficient. China, on the other hand, is consolidating itself as a country towards the center of the world economy, thereby strengthening its national companies and ending up benefiting from intellectual property standards. While Brazil still needs to adjust its innovation system so that it can effectively achieve innovation from the country and technological independence. Given these results, the sixth chapter of this work developed some recommendations for Brazil to collaborate with its technological development.