PHARMACEUTICALS PATENTS: INCENTIVES FOR INNOVATION OR LIMITS TO HUMAN HEALTH? AN ANALYSIS FROM INTELLECTUAL PROPERTY AND COMPETITION LAW

Although the Agreement on Trade-Related Aspects of Intellectual Property Rights (trips) allowed a higher protection, it has been insufficient in order to promote more research and development of new pharmaceuticals, particularly, of those that are needed in developing and underdeveloped countries. In addition, the behaviour of pharmaceutical companies causes an inflationary effect on medicines prices, which are essential for the development, welfare and success of society. To face this scenario is necessary to assess which is the role of antitrust law in order to avoid strategic patent behaviour, leading to a balance that guarantee the welfare and progress of developing countries.