Should drug companies forfeit their drug patents when a developing country has an emergency or pandemic?

Introduction

This paper will discuss the advantages and advantages of of pateneting pharmaceutical products. In the the conclusion is drawn on the basis of research being done.

Countris & Scholarly (Patents should be Forfeited)

Patented invention, what happens: the inventor acquires a monopoly on the exploitation of the same (in the case provided by law Argentina, during the non-extendable period of 20 years as international treaties on the subject-TRIPS) (Angell, p. 12). Therefore, the invention is limited in its operation to a business decision to a single subject, whether a natural person-as a single inventor or scientist who is engaged in research or a legal person.The purpose of these provisions in the local and international systems is the promotion of research, providing the possibility for researchers or companies willing to develop new technologies, achieve economic recovery investments, facilitating to that end the monopoly of the exploitation inventive commercial product.

But beyond that, do not overlook these issues allow more developed countries and large multinationals to pressure developing countries to adjust their legislation to the whim and convenience of the most powerful, so they can enforce their exclusive rights to industrial property and thus, maintain and strengthen its economic power, in violation of rights such as health, access to health, and consumer rights of nations and people who are weak economically and legally (Doerr, p. 328).

Considering these preliminary considerations, we can begin to develop the topic at hand. Can it afford a monopoly on pharmaceuticals? And, if allowed, to what extent a monopoly is viable given the right to health and the possibility of access to it for all the people that inhabit our planet?

Now, if we are all entitled to affordable health care, regardless of gender, race, political or economic or social condition, why the big pharmaceutical companies are concerned enough to recognize this right, be limited to the extreme in some cases, to cut the supply of certain drugs for political retaliation regardless of the irreparable damage it causes to people.

Compulsory licensing and government use of a patent without authorization of the owner are permitted only if certain conditions established to protect the legitimate interests of the patent. These conditions allowed are the following: in case of “national emergency”, “other circumstances of extreme urgency”, “in cases of public non-commercial” (or government use), or anti-competitive practices is not necessary to attempt to obtain a voluntary license. It should be remembered that compulsory licenses must meet certain additional requirements. In particular, can not be given exclusively to licensees (ie, the patent holder can continue to produce), and normally should be granted mainly to supply the domestic market (Datin, p. 28).

Standards WTO believe that if a country declares its territory health emergency is permitted to apply the rules of compulsory licensing and parallel importation. This would have allowed South Africa to import or produce the drug in question.

In Argentina, difficulty in accessing to the drug ...