Title: Intervention of health authorities in patent examination: the Brazilian practice of the prior consent

Authors: Maristela Basso

Addresses: Rua Dr. Gabriel dos Santos, 564 apt.11, Sao Paulo, Brazil

Abstract: Intellectual property rights shall not be conceived or understood solely as instruments for the protection of markets and investments, while subjects of innovation, creativity and social welfare lose ground. Even if the TRIPS Agreement has raised the standards of intellectual property rights protection, the States are legally free to implement such obligations so as to protect collectively relevant interests, and surely, the right to health occupies a special position. The prior consent mechanism clearly has a wide juridical support: the TRIPS Agreement, former decisions of the WTOs Dispute Settlement Body, the UN Resolutions, Brazilian Federal Constitution, Brazilian Industrial Property Legislation, among others.

Keywords: health authorities; patent examination; prior consent; Brazilian practice; TRIPS; ANVISA; second use; WTO; international law; pharmaceutical products; public health; intellectual property management; IPM; Brazil; Agreement on Trade-Related Aspects of Intellectual Property Rights; IPR.

DOI: 10.1504/IJIPM.2006.011022

International Journal of Intellectual Property Management, 2006 Vol.1 No.1/2, pp.54 - 74

Published online: 03 Oct 2006 *

Full-text access for editors Full-text access for subscribers Purchase this article Comment on this article