Patentes, suministro de medicamentos y protección de la salud publica

Resumen

INTRODUCTION: In order to comply with its obligations in the World Trade Organization, Argentina started to grant patents on pharmaceutical products in October 2000. In the period 2000-2007 near one thousand pharmaceutical patents were granted. OBJECTIVES: To characterize pharmaceutical patenting and, in particular, to establish the type of protected subject matter, the therapeutic uses and the origin of patent owners; to examine the possible impact of the new patenting regime on public procurement of medicines; to clarify in which situations and with which procedures compulsory licenses can be granted, particularly in cases of health emergencies; to examine the implications of the national and international legal framework of intellectual property on public health policies. METHODS: A data base with the patents granted in the above-mentioned period was designed and analyzed, the procurement procedures of the National Ministry of Health were studied, as well as the applicable legal framework and ongoing international negotiations. RESULTS: The study revealed that almost all granted patents belong to foreign companies. The majority refers to diseases of the nervous system and includes ‘Markush-type’. In addition, the great majority of patents relate to derivatives or variants of existing products (salts, formulations, polymorphs, etc. ). CONCLUSIONS: The study concludes with recommendations, about procurement procedures, the grant of compulsory licenses and the transparency of the patent system as regards medicines.