Initiatives to challenge patent barriers and their relationship with the price of medicines procured by the Brazilian Unified National Health System.

Since 1996, when antiretroviral (ARV) treatments started being guaranteed to people living with HIV in Brazil, the government has faced the challenge of ensuring sustainability of this policy within a context of incorporating patented medicines. This article sought to analyze the historical series of the price of lopinavir/ritonavir (LPV/r) in Brazil and in the international market also considering the initiatives to challenge patent barriers between 2001 and 2012. The methods used were mapping initiatives to challenge LPV/r patent barriers and the analysis of historical series of its price in Brazil and in the international market. Results show that, between 2001 and 2003, there were efforts to use compulsory licensing as a threat. From 2005 to 2007, initiatives by different satkeholders were identified: declaration of public interest, pre-grant opposition ("support to examination") and civil action. From 2006 to 2008, compulsory licensing initiatives in other countries resulted in a price reduction in Brazil. Between 2009 and 2012, there was a 30% reduction in the Brazilian purchasing price.

[1]  Michelle L. Childs,et al.  A win-win solution?: A critical analysis of tiered pricing to improve access to medicines in developing countries , 2011, Globalization and Health.

[2]  L. Hasenclever,et al.  O instituto de patentes Pipeline e o acesso a medicamentos: aspectos econômicos e jurídicos deletérios à economia da saúde , 2010 .

[3]  B. Medhi,et al.  Trends and economic stress: a challenge to universal access to antiretroviral treatment in India. , 2009, Current HIV research.

[4]  G. Chaves,et al.  Acesso a medicamentos e propriedade intelectual no Brasil: reflexões e estratégias da sociedade civil , 2008 .

[5]  P. Tigre,et al.  TRIPS post-2005 and access to new antiretroviral treatments in southern countries: issues and challenges , 2007, AIDS.

[6]  C. Correa Guidelines for the examination of pharmaceutical patents: developing a public health perspective , 2007 .

[7]  N. Ford,et al.  Sustaining access to antiretroviral therapy in the less-developed world: lessons from Brazil and Thailand , 2007, AIDS.

[8]  Jim Y. Kim,et al.  Examining the production costs of antiretroviral drugs , 2006, AIDS.

[9]  R. Parker,et al.  A critical analysis of the Brazilian response to HIV/AIDS: lessons learned for controlling and mitigating the epidemic in developing countries. , 2005, American journal of public health.

[10]  Mário Scheffer Coquetel: a incrível história dos antirretrovirais e do tratamento da aids no Brasil , 2013 .

[11]  Y. Teerawattananon,et al.  Impact of the introduction of government use licenses on the drug expenditure on seven medicines in Thailand. , 2012, Value in health : the journal of the International Society for Pharmacoeconomics and Outcomes Research.

[12]  M. A. Oliveira,et al.  A proposal for measuring the degree of public health-sensitivity of patent legislation in the context of the WTO TRIPS Agreement. , 2007, Bulletin of the World Health Organization.