Originally published in July 2001 in the the Brazilian Intellectual Property Association Gazette
I.INTRODUCTION
Many people argue that in the field of pharmaceuticals and biotechnology the development costs of new products, from basic research to market approval, are so high (millions of dollars) that there must be rigorous patent protection for the good of society. Without such protection, scientific advancement is discouraged because companies are not assured a return on their investments, and society thereby suffers from a lack of last generation drugs. (COOPER, 2000). This is the case when the patent claims are not able to impede third parties from unduly appropriating a new compound.
