Direito como identidade, direito de patente e doenças negligenciadas: o caso da dengue

Abstract

This research’s main objective is to assess, by the analysis of patent deposits in Brazil’s National Institute of Industrial Property (INPI), the efficacy of Brazilian Industrial Property Law (Federal law n. 9.279/96) in stimulating Research and Development (R&D) investment on neglected diseases’ medicine, as well as evaluate how neglected patients affect the R&D processes in the area. The legality and the legitimacy of pharmaceutical patents are investigated based on a methodological approach influenced by Axel Honneth’s idea of “struggle for recognition” and Zenon Bankowski’s theory of “living lawfully”. In order to assess the field chosen, the research is carried out focusing on data analysis of patent deposits concerning dengue fever, studied with help of Honneth’s methodological lenses by content analysis through signification traits identification. In addition to the patent deposits in the INPI data collected, official governmental indicators, as well as those from World Health Organization (OMS), Doctors Without Borders (MSF), and Drugs for Neglected Diseases Initiative (DNDi) were used. The crossing of these data allows the establishment of strong inferences related to R&D investment on pharmaceuticals and vaccines towards the control and eradication of diseases that target neglected people. To do so, I analyze the number of patent deposits per year, the profile of the deposited products, the origin of the R&D investment in such products, as well as two specific deposits that can originate the development of vaccines to prevent dengue fever. Lastly, with help of these methodological references and tools I conclude, in broader terms, that there is a great need of reviewing the current laws on Intellectual Property or even that is time to overcome the entire patent-based system in order to reverse the submission of the right to health solely to a market-oriented rationality.