PROPRIEDADE INTELECTUAL E O DIREITO À SAÚDE: O CASO DO USO DO ZOLGENSMA NO TRATAMENTO DA ATROFIA MUSCULAR ESPINHAL

Abstract

Spinal Muscular Atrophy is a degenerative disease that causes the death of motor neurons, currently the drug treatment is still extremely expensive and difficult to access, among the treatment options, zolgensma stands out for being the only one single dose therapy. In this context, this work seeks to understand how the current configuration and context in which intellectual property rights materialized in a context of globalization and international division of labor can interfere with access to medicines in less developed countries. For this, a bibliographical and documentary research was carried out, of an exploratory nature within articles, monographs and documents such as the TRIPS Agreement, the Ministerial Declaration of Doha and the law 9.279/96, among others, to understand how the current reality of patent protection and of the monopoly granted by it, within the pharmaceutical sector, ends up conflicting with access to medicines mainly in developing countries and less developed countries, especially in the case of access to zolgensma for the treatment of Spinal Muscular Atrophy within the brazilian market, and as this can be a threat to the realization of the right to health.