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Learning from Brazil's Patent Reform
Pedro Paranaguá
Advisor to the ruling Workers PartyBrazilian House of Representatives
LL.M. (London), Doctorate Candidate (Duke)
@PedroParanagua
Government Round Table University of Cape Town, 10 December 2013
I. users' rightsII. the ReportIII. findings
IV. recommendationsV. individualsVI. conclusion
Brazil's Patent Reform
I. users' rights + prodevt. measures
Brazil's Patent Reform
A) experimental use (Art. 43(II))
B) Bolar exception (Art. 43(VII))
C) local working (Art. 68(I))
D) compulsory licensing >> efavirenz USD $100 million
Brazil's Patent Reform
II. the Report
Brazil's Patent Reform
– disparity
– high production of knowledge
– low # of patents
Brazil's Patent Reform
Rep. Newton Lima
Brazil's Patent Reform
Brazil's Patent Reform
link
http://is.gd/LAuHgt
III. findings
Brazil's Patent Reform
mistakes
A) immediate TRIPs implementation
B) no use of flexibility for pharma products (2005)
C) revalidation (pipeline) patents
D) 20+ years of patent term
E) no pregrant opposition
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. recommendations
Brazil's Patent Reform
●1. Patent Reform Bill H.R. 5402/2013
●2. Council on IPRs
●3. focused recommendations to specific gov. bodies
Brazil's Patent Reform
●a) limit patent term to 20 years
●b) pregrant 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 followon innovation)
●e) undisclosed test data: protected by unfair competition >> rather than data exclusivity (lawsuits)
●f) public noncommercial 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
ex.: docetaxel
Brazil's Patent Reform
●to South Africa
●+
●i) substantive examination system
●ii) no linkage
●iii) coordination with the Patent Office
Brazil's Patent Reform
V. individuals
Brazil's Patent Reform
Brazil's Patent Reform
Newton LimaCongressman – Workers Party
Brazil's Patent Reform
Otavio Brandelli new president of the Patent Office
Newton LimaCongressman – Workers Party
Brazil's Patent Reform
you
Newton LimaCongressman – Workers Party
Otavio Brandelli new president of the Patent Office
VI. conclusion
Brazil's Patent Reform
●Brazil●is only
●fixing●the
● mistakes●it made in the 1990s
Brazil's Patent Reform
●South Africa●should seek not only its peoples
●freedom●but also its
● socioeconomic●freedom
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)
@PedroParanagua
