Technological information as a tool for health public policies management

Abstract

With the enforcement of the law 9279/96, based on the guidelines of the Trade-related Aspects of Intellectual Property Right (TRIPS), the protection of pharmaceutical products, and using articles 230-232, enable once again in Brazil, the validation of patents granted in other countries without analyses of their claims. This validation, without analysis, is still subject of debate. There is no consensus on the constitutionality of the concession of privileges to a supposed invention without analyses of the basic international principles of patentability, listed in the 8th article of the referred law. This discussion merges and can be confounded with a not less polemic discussion on the duality on the concession of patents of technologies used for the production of medicines of public interest and the right of immaterial property, both guaranteed in the Brazilian constitution. In this scenario, the current work describes in Farmanguinhos the implementation of technologies related to the production of medicines and its evaluation as innovation in the public sector. For this, the critical issues to be considered in the patent claim and approval are identified using as background the Brazilian and International laws that guide the industrial property in light of the Brazilian constitution.