Le discriminazioni indirette nella ricerca scientifico-farmacologica e il difficile esercizio del diritto di accesso alle cure: quale ruolo per la proprietà intellettuale?

That of discrimination based on sex and gender in the field of scientific-pharmaceutical research has been a well-known problem for some time now . The discriminations in question are declined both in terms of numerical under-representation of women in clinical trials , and in terms of treatment and legitimization of their pain, but also in terms of scarcity of studies on diseases and symptoms developed differently in men and women. Some argue that the root cause of discrimination in the pharmaceutical sector against women (as well as other underrepresented categories of individuals, such as the elderly and children) must be identified within the Intellectual Property framework. According to the prevailing Intellectual Property justification theory, IP law should incentivize innovation. Instead, it is increasingly being instrumentalized in such a way that it contributes to the opposite result: the endorsement of powerful economic actors, despite the interests, needs, and rights of the general public. However, in our opinion, the problem does not lie with intellectual property itself but in the distorted use that is made of this – otherwise neutral - legal instrument, renamed by some and not by chance as pseudo-IP. The essay strongly advocates the need for a reconsideration of intellectual property from a sustainability perspective. This involves rethinking intellectual property in such a way that specific rights for minority groups (i.e the right to health and non-discrimination) are recognized and protected.