In a Public Hearing (AP) held this Friday, 24th, by the Senate of the Future Commission, destined to debate the Brazilian legislation on patents, the member of the ABPI, Gustavo de Freitas Morais, defended the maintenance of the vetoes to the recent Law 14.200/2021 , which provides for the compulsory license of patents on vaccines and medicines to face health emergencies. By taking a stand in other items of current legislation (Law 9,279/96), Morais urged the end of the prohibition of patentability of substances isolated from nature and the possibility of amendments until the end of the patent examination.
Regarding the vetoes of Law 14,200, Morais took a stand against the provision that obliged the holder of the patent subject to a compulsory license to provide information necessary for the reproduction of the drug or input, as well as the results of tests and other data necessary for the granting of its record. “Forcing a holder of this patent to transfer the technology seems like violence to me,” he said.
The ABPI representative noted that, although the INPI (National Institute of Industrial Property) is seeking a solution to the problem of the long wait for patent registration, Brazil has registered a significant drop in patenting. According to him, in 2013 there were 34 thousand registrations at the INPI, a number that closed in 2020 at around 27 thousand.
