Cuestiones de derecho internacional ante el Covid-19: derecho a la salud y régimen de protección de la propiedad intelectual

The international crisis that has emerged from COVID-19 calls for a reflection on how to face a global challenge for which we are not prepared through international cooperation. The first victim of a mismanagement of this emergency is the right to health. This paper examines the content and scope of this right and analyzes the risks that arise from the conflicts between the international legal framework for the protection of intellectual property (and its domestic incorporation) and the regional and international systems of protection of human rights. In order to illustrate this theoretical approach, this article makes a journey through the experiences of two Latin American countries, antagonistic regarding their positions in relation to the protection of intellectual property in respect of pharmaceutical products: Brazil and Guatemala.