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