Brazil's Patent Reform Pedro Paranaguá Advisor to the ruling Workers Party Brazilian House of...

Brazil's Patent Reform

Pedro ParanaguáAdvisor to the ruling Workers Party

Brazilian House of Representatives

@PedroParanagua

PedroParanagua

3rd Global Congress on IP & Public Interest University of Cape Town, 12 December 2013

I. whyII. how

III. findingsIV. what

V. individualsVI. future

Brazil's Patent Reform

I. why

Brazil's Patent Reform

– disparity

– high production of knowledge

– low # of patents

Brazil's Patent Reform

Rep. Newton Lima

II. how

Brazil's Patent Reform

Brazil's Patent Reform

●7 public hearings: House of Rep., PTO, Univ. of São Paulo, Univ. Campinas

●30+ experts: gov., industry, academia, civil society

●extensive research: legislation (Argentina, China, India), gov. & intl. org. reports (UK, US, WHO, WIPO)

Brazil's Patent Reform

Brazil's Patent Reform

link

http://is.gd/LAuHgt

III. findings

Brazil's Patent Reform

●Brazil hastily approved its patent bill in 1996

●did not implement TRIPs flexibilities

●prejudicial consequences to innovation + extraordinary increase of prices

Brazil's Patent Reform

closed 1,096 plants (Min. of Trade & Industry)

no development of local production

>> USD $10 billion deficit (Min. of Health)

●70% decrease of TT (Fiocruz)

revalidation patents (pipeline) >> losses of USD $529 million related to 5 ARVs (Federal Univ. Rio/Economics)

Brazil's Patent Reform

IV. what

Brazil's Patent Reform

●1. Patent Reform Bill H.R. 5402/2013

●2. Council on IPRs

●3. Recommendations

Brazil's Patent Reform

●a) limit patent term to 20 years

●b) pre-grant opposition

●c) prohibit new forms of known substances + second uses

Brazil's Patent Reform

●d) augment the level of the inventive step requirement (to promote follow-on innovation)

●e) undisclosed test data: protected by unfair competition >> rather than data exclusivity

●f) public non-commercial use

Brazil's Patent Reform

●g) Anvisa's prior consent

●i) health risks >> based on previously rejected products

●ii) pharma or chemical products of interest to the National Health System (SUS) and that do not comply with the patentability requirements

Brazil's Patent Reform

V. individuals

Brazil's Patent Reform

Brazil's Patent Reform

Brazil's Patent Reform

Brazil's Patent Reform

you

VI. future

Brazil's Patent Reform

Brazil's Patent Reform

●too many variables

Brazil's Patent Reform

●new Ministers of Health + Trade & Industry

2014 national presidential election

●Patent Office

●national + intl. industry + TPP...

●civil society

Brazil's Patent Reform

Brazil's Patent Reform

Dankie ! Thank you!

Pedro Paranaguá

Advisor to the ruling Workers Party Brazilian House of Representatives

LL.M. (London), Doctorate Candidate (Duke)

pedro.paranagua@gmail.com

@PedroParanagua

PedroParanagua