Health Innovation and Social Justice in Brazil

288 Pages·2019·2.663 MB·English

by  Maurice Cassier, Marilena Correa

Health Innovation and Social Justice in Brazil
Maurice Cassier
Marilena Correa
Editors
Health Innovation
and Social Justice
in Brazil
Editors
Maurice Cassier Marilena Correa
CNRS Social Medicine Institute
Villejuif, France Rio de Janeiro State University
Rio de Janeiro, Brazil
ISBN 978-3-319-76833-5 ISBN 978-3-319-76834-2 (eBook)
https://doi.org/10.1007/978-3-319-76834-2
Library of Congress Control Number: 2018943256
© The Editor(s) (if applicable) and The Author(s) 2019
This work is subject to copyright. All rights are solely and exclusively licensed by the
Publisher, whether the whole or part of the material is concerned, specifically the rights of
translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on
microfilms or in any other physical way, and transmission or information storage and retrieval,
electronic adaptation, computer software, or by similar or dissimilar methodology now
known or hereafter developed.
The use of general descriptive names, registered names, trademarks, service marks, etc. in this
publication does not imply, even in the absence of a specific statement, that such names are
exempt from the relevant protective laws and regulations and therefore free for general use.
The publisher, the authors, and the editors are safe to assume that the advice and information
in this book are believed to be true and accurate at the date of publication. Neither the
publisher nor the authors or the editors give a warranty, express or implied, with respect to
the material contained herein or for any errors or omissions that may have been made. The
publisher remains neutral with regard to jurisdictional claims in published maps and
institutional affiliations.
Cover image © smartstock / Getty Images
Cover design by Akihiro Nakayama
Printed on acid-free paper
This Palgrave Macmillan imprint is published by the registered company Springer International
Publishing AG part of Springer Nature.
The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland
A
cknowledgments
Special thanks should be given to Eloan Pinheiro, and Wanise Barroso,
Nubia Boechat, Karin Bruening, Claudia Chamas, Ana Paula Cosenza,
Jorge Costa, Leonardo Coutada, Andre Daher, Sergio Frangioni, Samuel
Goldberg, Reinaldo Guimaraes, Marcos Krieger, Edson Lima, Luis Carlos
Lima, Michel Lotrowska, Maria Fernanda Macedo, Jorge Mendonça,
Carlos Morel, Licia de Oliveira, Jaime Rabi, Andre Reis, Marcos Soalheiro
and Pedro Villardi.
v
c
ontents
1 General Introduction 1
Maurice Cassier and Marilena Correa
2 Knowledge Generation and Laboratory Capacity Building
in the Fight Against HIV/AIDS in Brazil: Experiences
on the Development of a Heat-Stable Formulation
Comprising Ritonavir 25
Cristina Mello R d’Almeida
3 Nationalizing Efavirenz: Compulsory Licence, Collective
Invention and Neo- Developmentalism in Brazil 59
Maurice Cassier and Marilena Correa
4 The Introduction of Nucleic Acid Tests (NAT) for Blood
Screening in the Brazilian Public Healthcare System:
Negotiating and Assembling Technologies for the
Nationalization of ‘NAT Brasileiro’ (2005–2013) 91
Koichi Kameda
5 The Innovation System for Leishmaniasis Therapy
in Brazil 109
Mady Barbeitas
vii
viii CONTENTS
6 A Consortium in Times of Crisis: Producing Brazilian
Sofosbuvir? (2014–2017) 135
Maurice Cassier and Marilena Correa
7 Health Rights and Intellectual Property Rights: Ministry
of Health Prior Consent for Pharmaceutical Patents
in Brazil 151
Eduardo Guimarães
8 Polymorph Drug Patents and Their Public Health
Impact 177
Jaqueline Soares and Eduardo Guimarães
9 Treatment Activism and Intellectual Property of Drugs
in Brazil 211
Pedro Villela
10 Regulating the Copy Drug Market in Brazil: Testing
Generics and Similar Medicines (1999–2015) 241
Marilena Correa, Maurice Cassier, and Maria Andrea Loyola
Index 277
n c
otes on ontributors
Mady Barbeitas is a veterinarian and PhD candidate in Health Sociology
at École des Hautes Études en Sciences Sociales (EHESS), in Paris, and
attached to Centre de recherche médecine, sciences, santé, santé mentale,
société (Cermes3/CNRS). Her doctoral research focus on the public
policies and initiatives created to promote drug research and develop-
ment for neglected tropical diseases in Brazil. She is particularly
interested in public–private partnerships established with Brazilian public
institutions to develop new treatments for leishmaniases.
Maurice Cassier is currently senior researcher at CNRS in Paris. His
research programme explores the fields of science, living beings, and
health. It focuses on the particular tensions which existed in the nine-
teenth and twentieth centuries between the extension of exclusive prop-
erty rights, and common goods and public goods. Since 2002, he has
directed a research programme on intellectual property and drug copies in
Brazilian pharmaceutical laboratories in collaboration with the Institute of
Social Medicine and the Oswaldo Cruz Foundation (ANR Pharmasud).
He is currently supervising a number of EHESS PhD dissertations in the
field of intellectual property and therapeutic innovations.
Marilena Correa is a medical doctor and sociologist. She is currently a
senior associate professor at the Institute of Social Medicine of the State
University of Rio de Janeiro. She has been working on the copying and
innovation of pharmaceuticals, generics drugs, intellectual property, and
the regulation of medicines in Brazil. Her previous work focused on of
the introduction and use of assisted reproductive technologies in medical
practices in Brazil.
ix
x NOTES ON CONTRIBUTORS
Cristina Mello R d’Almeida PhD, is currently a senior technical advisor
on innovation economics at Assistance Publique-Hôpitaux de Paris (AP-
HP, France), and an independent consultant (Jakaira). Since 2000, she has
been involved in research projects and the implementation of initiatives
focusing on access to innovative health technologies, both in developed
and developing countries. Her areas of expertise comprise intellectual
property management, technology transfer and health technology assess-
ment (HTA).
Eduardo Guimarães holds a degree in Social Sciences from the University
of the State of Rio de Janeiro (UERJ) and a PhD in Human Sciences and
Health from the Institute of Social Medicine (IMS/UERJ). He has expe-
rience in the area of Sociology of Health, working mainly on the following
topics: public health policies, access to medicines, public health and intel-
lectual property rights. He is currently a teacher of Social Sciences and
Sociology at Pedro II’s School.
Koichi Kameda is a lawyer and a PhD candidate in Sociology at the
École des Hautes Études en Sciences Sociales (EHESS), in Paris, and
attached to Centre de recherche médecine, sciences, santé, santé mentale,
société (Cermes3/CNRS). His doctoral research focuses on the public
policies and initiatives created to locally manufacture in vitro diagnostic
tests for infectious diseases in Brazil since the 2000s. He is particularly
interested in the strategies used by Brazilian public laboratories to “nation-
alize” tests and invent new platforms through the collaboration with mul-
tinational companies and the establishment of networks with local
universities, research centres and Brazilian companies. He has also done
research on needs-driven pharmaceutical development initiatives, such as
the artesunate-mefloquine combination consortium, as well as on the
impact of intellectual property rights on the public interest, and health
privacy protection in Brazil.
Maria Andrea Loyola holds a Master’s Degree in Anthropology from
the Universidade Federal do Rio de Janeiro (UFRJ); a PhD in Sociology
from the Université Paris X, under the supervision of Alain Touraine; and
a Post-Doctorate from the École des Hautes Études en Sciences Sociales
(Paris, France), under the supervision of Pierre Bourdieu. She has worked
on varied issues, ranging from Sociology of Work, Trade Union and Social
Movements, to Human and Social Reproduction, as well as Anthropology
and Sociology of Health. She was president of the federal Coordenação de
NOTES ON CONTRIBUTOR S xi
Aperfeiçoamento de Pessoal de Nível Superior (Coordination for the
Improvement of Higher Education Personnel – Capes), and is currently
Professor Emeritus at the Instituto de Medicina Social from the
Universidade do Estado do Rio de Janeiro (Uerj).
Jaqueline Soares holds degrees in Chemistry and in Pharmacy; MSc in
Chemistry (IME – Instituto Militar de Engenharia, RJ – Brazil); And a
PhD in Public Health (Social Medicine Institute of the State University of
Rio de Janeiro). She has previous experience in the synthesis of antiretro-
virals in a national laboratory. Her thesis discusses the phenomenon of
chemical and pharmaceutical polymorphism (crystal modifications of
drugs), the controversies on granting patents to drugs and how it impacts
innovation and national competitiveness of Brazil. Currentlly, she is
researcher on pharmaceutical patents at the National Institute of Property
Rights (INPI).
Pedro Villela is a social scientist who graduated from the Universidade
do Estado do Rio de Janeiro (Uerj) in 2005. In 2007, he got a Master’s
Degree in Public Health at Uerj’s Instituto de Medicina Social, where he
has worked since 2003 as a scientific initiation intern. Between 2007 and
2009, he was a recipient of an Erasmus Mundus scholarship, getting a
Master’s Degree on Dyamics of Health and Welfare at the École des
Hautes Études en Sciences Sociales (Paris, France) and the Linköpings
Universitet (Linköping, Sweden) with the dissertation “HIV/Aids activ-
ists and the political economy of drugs in Brasil”. Since 2010, he’s been a
social responsibility analyst at Eletrobras, Brazil’s national electricity com-
pany, working in the elaboration, implementation and management of var-
ied social projects, ranging from support to indigenous peoples in the
Amazon region, to fostering the productive use of energy.