ABPI, reaffirming its respect for the decision of the STF – Supreme Federal Court – which, in a plenary meeting held on May 12th, decided for the unconstitutionality of the alternative counting of the validity term of patents already in force of drugs and health equipment, in compensation for the delay in granting the right by the BPTO – its institutional duty is to clarify to society that this decision, besides being a disincentive to investments in innovation, does not meet Brazil’s need for its production of medicines and health supplies, so needed in this pandemic moment.
It is worth restating that the guarantee of a minimum term of protection is the constitutionally correct result to foster research interest and, at the same time, reward the effort and investment of the inventor. ABPI is in line with the proposal for a global governance agreement, in line with the developers of vaccines and health equipment, as has been defended by more than 25 leaders from countries and institutions, such as Brazil, France, Germany, Italy, the United Kingdom, and the WHO (World Health Organization) itself, besides the most respected intellectual property research center in the world, the Max-Planck Institute in Munich.
