On August 11, 2021, the Brazilian Senate approved a Compulsory Licensing Bill (#12/2021). Bill #12/21 amends the Brazilian Patent Statute (Law #9,279/96) and authorizes the Federal Government to grant compulsory licenses for products or processes in the event of a …
Category: Brazil
Brazilian generic companies file a “tsunami” of lawsuits against several pharmaceutical companies in the wake of the Supreme Court’s ruling on the 10-year patent term
Last night, several generic companies in Brazil filed lawsuits against patents held by pharmaceutical companies. Specifically, 46 identical lawsuits were filed 46 targeting 79 patents. The cases challenge the patent term awarded by the Brazilian Patent and Trademark Office (BRPTO) …
Brazilian Supreme Court holds that the 10-Year Patent Term in Brazil is Unconstitutional
This is an update to our posts on April 8, 2021 , March 15, 2021 and March 10, 2021. As readers are aware, the Brazilian Supreme Court was scheduled to decide the constitutional challenge involving Article 40 of the Brazilian …
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Update on the Constitutional Challenges to the 10-Year Patent Term in Brazil
This is an update to our posts on March 15, 2021 and March 10, 2021. As readers are aware, the Brazilian Supreme Court was scheduled to decide the constitutional challenge involving Article 40 of the Brazilian Intellectual Property (IP) Statute …
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Update on the Constitutional Challenges to the 10-Year Patent Term in Brazil
This is an update to our post on March 10, 2021 . On Thursday, March 11 th , Reporting Justice Dias Toffoli requested that the Brazilian Patent and Trademark Office (BRPTO) respond to 13 questions considered relevant by the Brazilian …
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Brazilian Supreme Court sets an earlier date to decide the fate of the 10-year patent term
The constitutional challenge before the Brazilian Supreme Court (ADI 5529) that seeks to invalidate any remaining patent term of approximately 40% of Brazil’s patents and pending applications is scheduled to be decided on April 7, 2021 instead of May 2021. …
New Patent Application Examination Guidelines for Biotechnology Inventions in Brazil
On December 1 st , 2020, the Instituto Nacional da Propriedade Industrial (INPI; also known as the Brazilian Patent and Trademark Office (BRPTO)) published Normative Instruction #118 (November 12, 2020), revoking the previous guidelines (Rule #144/2015) and establishing new guidelines …
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First Gene Therapy Products Approved in Brazil
Brazil has become the first among the Latin American countries to approve the marketing of gene therapy products. Specifically, the Brazilian Health Regulatory Agency (ANVISA) recently granted marketing authorization for Novartis’ gene therapy products Luxturna ® and Zolgensma ® . …
Brazil’s Path for Speeding Up Innovation: A New National Strategy for Intellectual Property
On August 10, 2020, a draft of the National Strategy of Intellectual Property (ENPI) was published in the Brazilian Official Gazette Public Consultation #46/2020. A copy of the ENPI can be found here: Eng_Annex-ii_enpi -public consultation. Publication of the draft …
At last! Brazil is set to approve the Nagoya Protocol!
On July 8, 2020, the Brazilian Chamber of the State Representatives unanimously voted on the Bill of Legislative Decree # 324/20 to approve the Nagoya Protocol. As a result, the text was sent for consideration to the Senate and, once …
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