The common place, countless times said, that without patents there is not research and development of new medicines, is debunked by convincing facts, as: The real cost of R+D, the public financing of basic and applied research; the repeated restrictive practices of competition used by multinational pharmaceutical companies, the lobby in order to obtain more privileges and protection farther away from previsions of wto (TRIPS-Plus), the research centered in profitableness of diseases. The biotechnological medicines, also suffer this questioning and caused a “finance bleeding”, as was denounced by Colombian Medical Federation. We must stand out the trips flexibilities: obligatory licenses, and parallel imports, and their very different regulations in the country, for avoiding their application, and in Ecuador, for granting them. The problem of access to medicines is elucidated in the light of International Law of Human Rights and the constitutional jurisprudence, as support of the thesis here proposed.