scholarly journals Los fármacos como materia patentable y el encuadre del COVID-19 en la licencia del artículo 45 de la Ley 24481

2020 ◽  
Vol 13 (00) ◽  
pp. 171-205
Author(s):  
Martín Ugalde

At the beginning of 2020, the World Health Organization declared COVID-19 a Pandemic. It is not necessary to do an exhaustive analysis to notice the important health, economic and legal consequences that it has had.In particular, Patent Law plays an important role in this regard, the possibility of a vaccine being patented in the country with the current ordinance of Law No. 24,481 and its amendments, and that the human right of property that the holder has on it, has a strong impact on the incentive to technical and scientific development. A right that cannot be analyzed in isolation, but in the context of the health emergency that is prevailing worldwide today and the public interest in the protection of another human right such as public health.The aforementioned technical development encouraged by the patent system is part of the in-terest not only of the legal community, but of society as a whole. In this paper we will analyze the context of the pandemic and Intellectual Property Law, the historical evolution in Argentine legislation regarding the possibility of patenting pharmacological products and procedures, the requirements that the vaccine must meet to be considered patentable matter in terms of the law, the procedure to be followed before the INPI for its patenting, the rights that the law grants to the owner of the vaccine patent and its framing in the Compulsory License in the context of a health emergency of Art. 45 of the Patent Law.

2019 ◽  
Vol 2 (8) ◽  
pp. 40
Author(s):  
Ingrida Baranauskiene

The article formulates <strong><em>the research problem</em></strong>: what ideas dominate in architectonics of two laws under scientific analysis (The Human Right to Health of the World Health Organization, Article 12, and parts of the Law on the Health System of the Republic of Lithuania related to the situation of people with disabilities in the healthcare system)? The research methodology is grounded on the ideas of postpositivism and ethnographic approach. The thematic analysis has been chosen as a method of data processing. The findings allow formulating a conclusion that architectonics of legislations of the World Health Organization has a clear jurisprudential foundation; whereas the Law on the Health System of the Republic of Lithuania provides preconditions for various stipulations, which results in people with disabilities facing manifestations of discrimination in Lithuanian system of health care.


2018 ◽  
pp. 24-42
Author(s):  
MARÍA DALLI

In 1948, the General Assembly of the United Nations adopted the first international text recognising universal human rights for all; the Universal Declaration of Human Rights. Article 25 recognises the right to an adequate standard of living, which includes the right to health and medical care. On the occasion of the 70th anniversary of the Declaration, this article presents an overview of the main developments that have been made towards understanding the content and implications of the right to health, as well as an analysis of some specific advancements that aim to facilitate the enforcement thereof. These include: a) the implication of private entities as responsible for right to health obligations; b) the Universal Health Coverage goal, proposed by the World Health Organization and included as one of the Sustainable Development Goals; and c) the individual complaints mechanism introduced by the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (adopted on the 10th December 2008, 60 years after the UDHR).


2020 ◽  
Vol 9 (5) ◽  
pp. 1269 ◽  
Author(s):  
Pietro Emanuele Napoli ◽  
Matteo Nioi ◽  
Ernesto d’Aloja ◽  
Maurizio Fossarello

Coronavirus disease 2019 (COVID-19) is an important health problem that was defined as a pandemic by the World Health Organization on 11 March 2020. Although great concern has been expressed about COVID-19 infection acquired through ocular transmission, its underlying mechanism has not currently been clarified. In the current work, we analyzed and elucidated the two main elements that should be taken into account to understand the “ocular route”, both from a clinical and molecular point of view. They are represented by the dynamism of the ocular surface system (e.g., the tear film turnover) and the distribution of ACE2 receptors and TMPRSS2 protein. Although it seems, at the moment, that there is a low risk of coronavirus spreading through tears, it may survive for a long time or replicate in the conjunctiva, even in absence of conjunctivitis signs, indicating that eye protection (e.g., protective goggles alone or in association with face shield) is advisable to prevent contamination from external droplets and aerosol.


Author(s):  
Jeff Clyde G Corpuz

Abstract The current public health crisis has radically altered the social and civic involvement in Southeast Asia. Although the virus has shifted the landscape of engagement, it has not dampened the enthusiasm of the public. In 2020–2021, more people than ever seem to be paying attention and even getting involved in activism. Many dramatic events happened during the coronavirus crisis such as from protests in support of the Black Lives Matter movement, public activism around the environment, economic inequality, authoritarianism and human rights violations. In Indonesia, the Philippines, Malaysia, Thailand and just recently Myanmar. The journal has lately published about the ‘Relationship of George Floyd protests to increases in COVID-19 cases using event study methodology’ and it has rightly expressed that the Centers for Disease Control and Prevention (CDC)-recommended social distancing guidelines must be followed in a protest situation. In response to the situation of social activism in Southeast Asia, one must follow the CDC-recommended and World Health Organization (WHO) guidelines in the Region. Although protesting is an individual human right, one must also be cautious and be aware of the deadly virus since we are still in a pandemic and the COVID-19 virus continues to mutate.


2020 ◽  
Vol 7 (1A) ◽  
pp. 195-202
Author(s):  
Ferdian Yanuar ◽  
Hera Dwi Novita ◽  
Herwindo Dicky

Latar Belakang : COVID-19 merupakan masalah kesehatan yang dinyatakan sebagai pandemi oleh WHO. Beberapa penelitian melaporkan tentang hubungan SARS-CoV-2 dengan kelainan pada mata. Pada era pandemi, pengelolaan pasien sakit mata harus hati-hati untuk mencegah penularan petugas medis. Laporan kasus ini menyajikan pengelolaan perforasi kornea pasien terkonfirmasi COVID-19. Metode : Diagnosis ditegakkan berdasarkan anamnesis, pemeriksaan fisik dan oftalmologi dengan pemeriksaan penunjang lainnya. Laporan Kasus : Perempuan berusia 54 tahun dirujuk dengan keluhan keluar darah pada mata kiri sejak 17 jam sebelum sampai RS. Keluhan batuk atau demam 14 hari sebelumnya disangkal. Pada pemeriksaan oftalmologi didapatkan perforasi kornea mata kiri disertai prolaps isi bola mata (iris, vitreus dan choroid). Pada pemeriksaan penunjang didapatkan foto rontgen thorax normal, rapid test covid-19 reaktif dan hasil positif pada PCR dari swab nasofaring. Seluruh staf medis menggunakan alat pelindung diri (APD) tingkat tiga dalam melakukan pemeriksaan fisik maupun penunjang. Dari hasil anamnesis pemeriksaan fisik dan penunjang, pasien didiagnosis dengan perforasi kornea spontan mata kiri dan terkonfirmasi COVID-19. Pasien direncanakan untuk eviserasi mata kiri dengan anestesi umum dan saat tindakan operator dan seluruh staf ruang operasi menggunakan alat pelindung diri (APD) tingkat tiga. Setelah operasi dilakukan, pasien kemudian dirawat di ruang isolasi khusus COVID-19. Swab nasofaring dilakukan ulang sehari setelah operasi dan keesokan harinya. Dua hari setelah operasi, pasien dipulangkan dan isolasi mandiri di rumah Kesimpulan: Laporan kasus ini menunjukkan manajemen perforasi kornea pada pasien terkonfirmasi COVID-19 yang dilakukan sesuai alur khusus termasuk pada pemeriksaan fisik dan penunjang, penegakkan diagnosis oftalmologi dan COVID-19, prosedur pembedahan dan perawatan pasca operasi. Kata Kunci : SARS-CoV-2, Perforasi Kornea, APD, PCR, Eviscerasi   Introduction: Corona-Virus-Disease-2019 (COVID-19) is an important health problem that was defined as a pandemic by the World Health Organization (WHO). There are few reports on the association of SARS-CoV-2 with ocular abnormalities. In the pandemic era, management of ocular patients should be more careful to prevent transmission to medical staff. This report presenting the management of corneal perforation in confirmed COVID-19 patients. Method: The diagnosis was established based on history taking, physical and ophthalmology examination with other ancillary tests. Case Report : 54-year-old female patient referred with complaints of left eye bleeding since 17 hours ago. This patient never complaint about cough or fever 14 days before admission. From the ancillary test (complete blood count and chest x-ray are within normal limit, reactive rapid test for COVID-19, positive result of PCR nasopharynx).  The patient was diagnosed with spontaneous corneal perforation on the left eye with COVID-19 confirmed. The evisceration procedure with general anesthesia was performed with exceptional precaution. Operator and all operating room staff wear the 3rd level of personal protective equipment (PPE). The surgery was successfully done and the patient then hospitalized in the COVID-19 isolated room. Nasopharynx swab performs the day after surgery and the next day after the first swab. Two days after surgery, the patient was discharged and followed by a self-isolation procedure. Conclusion: This case report presenting corneal perforation management in confirmed COVID-19 patients should be performed under a firm scheme including physical and ophthalmological examinations, ophthalmology and COVID-19 diagnosis enforcement, ancillary test, surgery procedure, post-operative care and also PPE utilization. Keyword : SARS-CoV-2, Corneal Perforation, 3rd level PPE, PCR, Evisceration


2017 ◽  
Vol 7 (1) ◽  
pp. 03-10
Author(s):  
Celso Luiz Nunes Amorim

O direito à saúde é um direito fundamental. Várias iniciativas no âmbito da Assembleia Geral da ONU e no Conselho de Direitos Humanos reforçam esse pensamento. Neste particular, a criação da UNITAID, em 2006, foi uma forma de facilitar o acesso a medicamentos a populações mais pobres utilizando fontes inovadoras de financiamento. A instituição, hospedada pela Organização Mundial da Saúde (OMS), busca melhores formas de prevenir, tratar e diagnosticar o HIV/AIDS, a tuberculose e a malária de forma mais rápida, eficaz e acessível, buscando conciliar a discussão de patentes com o direito inalienável à saúde. O artigo analisa o processo político e as negociações que levaram à Declaração de Doha sobre TRIPS e Saúde Pública, cuja importância é destacada, entre outros, pelos Objetivos de Desenvolvimento Sustentável aprovado por todos os Chefes de Estado das Nações Unidas.ABSTRACTThe right to health is a fundamental, inalienable human right. A number of initiatives within the UN General Assembly and the Human Rights Council reinforce this concept. Established in 2006 and hosted by the World Health Organization (WHO), UNITAID is engaged in finding new ways to prevent, treat and diagnose HIV/AIDS, tuberculosis and malaria more quickly, more cheaply and more effectively. It plays an important role in the global effort to defeat these lethal diseases, by facilitating and speeding up the availability of improved health tools and trying to reconcile patent protection with the right to health.  The article analyzes the political process and the negotiations which led up to the Doha Declaration on TRIPS and Public Health, whose importance – among others – is highlighted on the Sustainable Development Objectives approved by all United Nations Heads of State.Palavras-chave: UNITAID, acesso a medicamentos, saúde global, TRIPS, Doha.Keywords: UNITAID, access to medicines, global health, TRIPS, Doha.DOI: 10.12957/rmi.2016.27034Recebido em 28 de dezembro de 2016 | Received on December 28, 2016.


Author(s):  
Rita Dashe SELKUR

It is often said that health is wealth. That being the case then, health is an asset to be desired because a healthy man is a wealthy man equally; a healthy nation is invariably a wealthy nation. Health has been described a fundamental human right indispensable for the exercise of other human rights. This implies that the state has a responsibility for the health of her people. Every human being is entitled to the enjoyment of the highest attainable standard of health conducive to living a life in dignity. The realization of these may be pursued through numerous, complimentary approaches, such as the formulation of health policies, or the implementation of health programmes developed by the World Health Organization (WHO) and the adoption of specific legal instruments. Poor health inflicts great hardships on communities whereby the health status of people in the community affect their abilities to work and thus underpins the welfare of such community. This paper will attempt to examine what health care is at the rural region, the legal framework as encapsulated in the various legal instruments, obstacles and steps towards change.


Author(s):  
Barry J.A. Laird

This chapter discusses several key barriers to the delivery of palliative care, firstly considering the definition of ‘palliative care’. It describes the World Health Organization (WHO) definition and notes that the ideology of palliative care being a concept with which to approach management of patients may still not be fully understood. Furthermore, the differences between generalist and specialist palliative care may also contribute to confusion. Although palliative care as a concept has largely been embraced throughout the world, its implementation into routine clinical care is lacking. Essential to the change from palliative care being a principle available to the few, to being available to all, and a human right, is the need to address the many barriers to the efficient and effective delivery of high-quality palliative care. The chapter argues that the WHO is the key group necessary to develop palliative care worldwide and, together with international palliative care organizations, to help countries advance palliative care services.


2020 ◽  
Vol 2020 ◽  
pp. 1-8
Author(s):  
María L. Toro-Hernández ◽  
Liliana Alvarez ◽  
María C. Vargas-Chaparro ◽  
Mary Goldberg

Access to personal mobility is a human right and as such, it implies the provision of wheelchair services for those with mobility impairments that need one. Lack of appropriately trained personnel is a major contributor to the gap in access to wheelchairs. Assistive technology provision is one of the core competencies of occupational therapists. The goal of this study was to assess the current wheelchair provision knowledge of final year occupational therapy students in Colombia as measured by the International Society of Wheelchair Professionals Basic Wheelchair Service Knowledge Test. A total of 83 students from 7 universities took the test. None of the students met the 70% passing threshold. The highest scores were in the assessment domain while the lowest in the fitting and user training domains. These results suggest that the current wheelchair provision education received in these programs do not meet the World Health Organization guidelines on appropriate wheelchair provision. The implementation of strategies to improve current wheelchair provision education in Colombian occupational therapy programs is granted.


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