Abstract

LEMUS MACIEL, Beatriz  and  GOMEZ MACFARLAND, Carla Angélica. Access to medicines. The human right forhead pharmaceutical monopolies. Bol. Mex. Der. Comp. [online]. 2022, vol.55, n.163, e17498.  Epub June 15, 2023. ISSN 2448-4873.  https://doi.org/10.22201/iij.24484873e.2022.163.17498.

The propose of this paper is to show that the guidelines established for the World Trade Organization, about of medicines, marginalize the access to those to the vulnerable population, because of to the high costs of the patent medicines and the retardment in the incorporation of generic products due; tariffs, profits, rents, and monopolistic control; the last two are based in the use of patents and the mechanisms that lengthen their validity.

To do this, the main legal instruments regarding the human right to health were identified; the economic and legal changes about of intellectual property, because of globalization, to make visible the impact of the temporary monopoly in the production of medicines.

The analytical method allowed to identify the numerals of the agreements that are violating the right to health that rule the member states of the World Trade Organization. Subsequently, certain elements are described to support the hypothesis about of the international instruments allow the monopolization of the production, distribution, and sale of medicines for the world population, prioritizing the profits of transnational companies over the right to health. Finally, the synthetic method allowed to establish some conclusions about the legal and statistical evidence, to strengthen the proposed hypothesis.

In terms of originality, this work aims to show that economic rights have been prioritized over human rights. Among the findings, was found that pharmaceutical companies, taking advantage of legal vacuum, have strengthened, and lengthened the life of their monopolies.

Keywords : Human right to health; transnational companies; medicines; monopoly.