A problemática dos monopólios das indústrias de medicamentos e o direito à saúde: O caso Glivec

This article aimed to comment the decision of the High Court of Madras, India, on matter involving the patent for Glivec, manu-factured by Novartis. It is about a brief review of the Case Novartis AG versus Union of India, in which will be explained some issues that have been considered by the Court...

Full description

Saved in:
Bibliographic Details
Main Author: Zampieri, Natália
Format: Article
Language:Portuguese
Published: 2015
Subjects:
TRIPS
medicamentos
Glivec
Índia
direito à saúde
drugs
Gleevec
India
right to health
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=7277354
Source:Espaço Jurídico: Journal of Law, ISSN 2179-7943, Vol. 16, Nº. 1, 2015 (Ejemplar dedicado a: ESPAÇO JURÍDICO JOURNAL OF LAW [EJJL]), pags. 201-220
Tags: Add Tag
No Tags: Be the first to tag this record
A problemática dos monopólios das indústrias de medicamentos e o direito à saúde: O caso Glivec
Summary: This article aimed to comment the decision of the High Court of Madras, India, on matter involving the patent for Glivec, manu-factured by Novartis. It is about a brief review of the Case Novartis AG versus Union of India, in which will be explained some issues that have been considered by the Court, for example, the Indian legislative changes, the Doha Declaration and the TRIPS Agreement. Besides, some considerations were made about the allegations by Novartis in defense of the importance of the patent, the legal adaptation for the purpose of combating the called evergreening mechanism, as well as the respect of a relevant fundamental right – the right to health – used as justification to the Court’s decision. The presented paper, therefore, aimed to assess existing controversy on the issue that revolves around access to drugs, in view of the intellectual property rights of pharmaceutical companies.

Similar Items