Compulsory licensing of drug patents as an instrument for ensuring access to health care Nelson Speranza Filho, Thaís C. Oliva Rufino Andrade

Abstract

This article deals with the compulsory licensing of drug patents, particularly in relation to Efavirenz for the treatment of AIDS, as an instrument for ensuring access to health care. To this end, a bibliographical research was conducted, addressing the data collected using deductive and systemic methods. The objective of this study is to analyze the aforementioned institute from the perspective of the human right to health, since it represented an interesting instrument in Brazilian foreign and domestic policy for the enforcement of this right, providing treatment for several patients affected by the AIDS virus, in order to guarantee them a better quality of life and, consequently, a dignified existence. This year, the institute was not renewed in Brazil, giving way to negotiations with laboratories for the supply of substitute drugs for Efavirenz at prices that make access to treatment possible.