Brazilian Officials to Launch Report Recommending the Incorporation of TRIPS Flexibilities into Domestic Law

brazil-flagToday at 2pm, an event will be held at the Brazilian Chamber of Deputies to launch Brazilian Patent Reform: Innovation Towards Competitiveness.  This report was developed through a long consultative process (including seven workshops in 2011 and 2012)  by a technical team led by FGV’s Pedro Paranaguá.  It proposes legislative reforms that would  incorporate lawful TRIPS flexibilities into domestic law, enhancing access to generic medicines.  C

Proposed reforms include: eliminating patent term extensions and data exclusivity, restricting patents on new forms and new uses and tightening the the inventive step requirement (following the India example), adopting a government use procedures, and clarifying the role that ANVISA, its drug regulatory agency, plays in the patent examination system.

There will be a formal launch ceremony by high level government officials, followed by a roundtable of international experts.  Click here for the full report (PDF).

PIJIP Prof. Sean Flynn will participate in the roundtable.  Hewill present three documents – each endorsed by experts or organizations from around the world – in support of the proposed reforms.  The documents were jointly written by Flynn and Professors Brook Baker and Amy Kapczynski.

  • Open Letter from International Intellectual Property Scholars and Experts Supporting Brazil’s Proposed Patent Reform (PDF)
  • Brief Technical Review of Brazil’s Proposed Patent Law Reforms (PDF)
  • Civil Society Statement in Support of Brazilian Patent Law Reform to Increase Access to Medicines for All (PDF)

Below is a schedule of the event:

Speakers at the launching ceremony: 2-3pm

  • President of the Chamber of Deputies: Rep. Henrique Eduardo Alves
  • President of the Center for Strategic Studies: Rep. Inocêncio Oliveira
  • Rapporteur of the Report “Brazil’s Patent Reform”: Rep. Newton Lima
  • Mr. Luiz Antonio Elias: Deputy-Minister of Science and Technology
  • Mr. Leonardo Guerra, Ph.D.: Chief of Economic Affairs at the Ministry of Development and Industry
  • Mr. Carlos Gadelha: Secretary of Science, Technology and Strategic Supplies at the Ministry of Health
  • Mr. Dirceu Barbano: President of the National Sanitary Agency – Anvisa
  • Mr. Ademir Tardelli: Acting-President of the Patent and Trademark Office

International roundtable: 3-6pm

  • Brazil: Pedro Paranaguá, Advisor at the ruling Workers Party for patents, copyright, Internet, and privacy. Lecturer at the LLM in Business Law at FGV (Moderator)
  • India: Mr. James Thanickan – former-Director of Intellectual Property, Dept. of Industrial Policy, Gov. of India
  • Argentina: Dra. Georgina Gerdé – Patent Office
  • Brazil: Rogério Cerqueira Leite – Emeritus Prof. at Unicamp and member of the National Board of Science and Technology, and of the Editorial Board of Folha de Sao Paulo
  • South Africa: Mr. MacDonald Netshitenzhe – Chief-Director of Policy & Legislation, Department of Trade & Industry, Gov. of South Africa
  • USA: Prof. Sean Flynn, American University, Washington College of Law

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