A regulamentação internacional das patentes e sua contribuição para o processo de desenvolvimento do Brasil: análise da produção nacional de novos conhecimentos no setor farmacêutico
Bibliographic record
Abstract
One of the most noteworthy features of intellectual property rights is the existing tension between public and private interests.Particularly in the field of patents, such tension becomes even more evident when the object of private property is key to the achievement of social goals, as is the clear case of medicines.Conceived to foster innovation and offer society an ever-increasing number of solutions to everyday problems, patents must function as real incentives to creative activity.This is feasible because for a limited period of time, the inventor is the sole detainer of the commercial rights to explore his invention.When goods are, as in the case of drugs, essential to people's lives, the analysis becomes much more complex.Monopolistic prices may hinder access to certain drugs and, thus, make public health policies more difficult.Based on monopoly rights, this protection system has social costs.Lack of economic incentives, on the other hand, may lead to shortage of investments in innovative products (see the case of neglected diseases, for instance), which also generates social cost.Is it possible to strike balance to this equation?By regulating how knowledge is shared, and by establishing limits to what can and cannot be done to knowledge products, intellectual property rights take on a key role in the debate that seeks to understand the relationship between law and development.This dissertation aims at contributing to such discussion, by primarily demonstrating that when development is conceived in a holistic manner, economic progress in itself no longer suffices nations.Thus, the economic rationale used for the patent system also ceases to fulfill development goals in a significantly increasing number of countries.The dissertation is divided into four main parts.Chapter one portrays the international environment in which most intellectual property issues are regulated, as well as the historical and political routes that led to the current Brazilian legal framework of patents and access to medicines.Chapter two analyses the main legal and economic theories that justify the existence of the patent system, as well as those that evidence its shortcomings.It further presents and discusses existing alternative options that may encourage innovation in this area.Chapter three establishes the concept of development that is central to the dissertation's main analysis, while chapter four tells the story of pharmaceutical production in Brazil.The central line traced through the dissertation makes it then possible to demonstrate how national knowledge production that may lead to pharmaceutical innovations is one of the country's main limitations.The use of a holistic view of development leads to the conclusion that the current patent framework is, in fact, inadequate and produces more damage than benefits to the development of Brazil, to the extent that it does not offer alternative solutions to monopoly power.Different incentive models that can coexist with the current system are, in this sense, desiderata.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.004 | 0.012 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.004 | 0.005 |
| Science and technology studies | 0.002 | 0.003 |
| Scholarly communication | 0.005 | 0.003 |
| Open science | 0.001 | 0.001 |
| Research integrity | 0.001 | 0.001 |
| Insufficient payload (model declined to judge) | 0.008 | 0.001 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".