Resumen de El derecho a la salud: entre la propiedad intelectual y los derechos humanos

María Julia Bertomeu, Liliana Spiellab

•  The right to health: between intellectual property and human rights. International law is not a homogeneous corpus of rules, inasmuch different regulatory systems often involve incompatibilities. This is the case with the internationalization of trade rules that constantly places constraints to the enforcement of the right to health and to one of its core elements, the access to medicines. In this paper we try to show: i) the strategies proposed by NorthSouth FTAs, especially between US and Latin American countries, in order to strengthen intellectual property (patent law); ii) the implications of these stratagems for the access to medicines, and iii) the way in which these strategies interfere with state sovereignty in determining what is the public good.