PATENT INFRINGEMENT IN THE CONTEXT OF A PUBLIC HEALTH EMERGENCY

• DOI: https://doi.org/10.22533/at.ed.15952525250612

• Palavras-chave: 1. patents; 2. right to health; 3. patent infringement; 4. compulsory license; 5. international emergency.

• Keywords: 1. patents; 2. right to health; 3. patent infringement; 4. compulsory license; 5. international emergency.

• Abstract:

  The research addresses the relationship between intellectual property and health in the Brazilian context, focusing on the possibility of patent infringement during international emergencies. The general objective is to discuss compulsory licensing in health crisis situations, considering the conflict between the right to industrial property and the protection of public health. The justification is that the COVID-19 pandemic has highlighted the precariousness of healthcare in Brazil, raising questions about the exclusivity of drug patents. The problem aims to understand whether it is possible to reconcile the guarantee of patent rights with the interests of the community in health emergencies. The approach used is the hypothetical-deductive method, with bibliographical and documentary analysis.