Right to health and pharmaceutical patents: access to medicines as a global concern for development

Abstract

Global transformations have occurred in modern times have led to the emergence of new challenges and the need to search for new perspectives on stakeholder participation in the international system. The inclusion of new topics within the multilateral trading system is fundamental to the quest for the welfare of man take a central role in the discussions, and sustainable development be achieved based on respect and balance between humans and the market. Due to the transversality of human rights and the relevance that has the international system of human rights in the processes of decision making and policy coordination at the international level, the discussion on the relationship between intellectual property rights and such is current and necessary. This article analyzes the protection of intellectual property in international trade and the possible conflicting relationship between the tutelage of international law and guarantee of human values relevant, particularly regarding the right to health. There will be a review of intellectual property protection in international trade, then we will analyze the human rights guarantees in relation to their formation and structure, particularly the right to health. Finally, we will highlight the main challenges and perspectives of the relationship between human rights and intellectual property, specifically about the right to access to medicines.