Abstract
The case of research, development, and production of drugs for neglected diseases was analyzed based on the methodological approach of analytic induction and the rules of inference. The proposed question of this study is whether legal acts, such as the TRIPs (Trade-Related Aspects of Intellectual Property Rights) Agreement and the Brazilian Industrial Property Rights Act fulfill their purpose of promoting innovation as well as social aims, taking into consideration the failure to develop and deliver health products for neglected diseases. The hypothesis to be tested is that the patent legal system, as designed by the TRIPs Agreement, is inefficient in achieving its own “morality of aspiration”, which can be expressed as the tension between scientific innovation and social welfare. As a result, once the data were analyzed, it was possible to infer, descriptively, that the patent system is ineffective to achieve its aspiration regarding the social welfare.
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