Intellectual property in times of the Covid-19 pandemic and the Human Right to health

Abstract

The article analyzes the protection of intellectual property (IP) on medicines used to fight COVID-19, especially vaccines, and the shock with the human right to health. Traditionally, the State protects the creativity of authors and inventors, guaranteeing temporary exclusivity in the exploitation of creation to them in return for revealing to society the result of their work, product or process. The regulation occurs within the limits of the State’s territoriality, but the dimensions are established in international treaties and agreements, such as TRIPs. The problem lies in the possibility of making patents on medicines - vaccines - more flexible, within the scope of the WTO in the COVID-19 pandemic, prioritizing the human right to health. The main conclusion is that there is resistance by the governments of developed countries and pharmaceutical companies in the quick and equitable access to vaccines, therapeutic and Covid-19 tests.