Abstract

ORTEGA GOMEZ, Marta. The right of Access to Medicines and the right to a patent in developing countries. Rev. Bioética y Derecho [online]. 2016, n.37, pp.23-36. ISSN 1886-5887.  https://dx.doi.org/10.1344/rbd2016.37.16148.

The article stems from the difficulties that individuals from developing countries experience in respect of access to essential medicines, which are new (under patent protection) and are medicines of quality. The entry into force of the TRIPS agreement in 1 January 1995 represents a negative factor that worsens the situation which affects citizens from developing countries, particularly, those coming from least developing countries. In effect, the TRIPS agreement recognizes the right of the inventor to a patent. State Parties to this convention must recognize, confer and protect this right. This stated, the article attempts to concile the right of Access to medicine with the right of patent. Finally, the article exposes which is the patent situation of the drug sofosvubir in India, the major producer of generic medicines in the world.

Keywords : TRIPS; patent; human right; health; right to property; Sofosvubir.

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