ABPI’s communication in defense of patents
ABPI has been present and has become a reference alongside opinion-makers in the defense of the patent system through presentations, debates, and insertions of articles and interviews on social networks and Brazilian media channels, such as O Globo, Valor, and O Estado de São Paulo.
In the judgment of ADI (Direct Action of Unconstitutionality) 5,529 by the STF (Supreme Federal Court), ABPI reaffirmed the constitutionality of the Sole Paragraph of Art.40. Likewise, it has been refuting the proposals of “patents breaking” which, included in bills that are going through the Chamber of Deputies and the Senate, are being presented as a panacea for the pandemic crisis. The approach of these two themes has also been recurrent in the association’s media, whether through posts on social networks, podcasts with experts, and articles in its monthly newsletter.
As amicus curiae in ADI 5,529, ABPI has reinforced with different audiences that guaranteeing 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, maintaining the virtuous cycle of incentives to inventions for the progress of the whole society.
Regarding the proposals for temporary suspension of patents, ABPI has been opposing the legal device of compulsory license – contemplated in at least two articles (Art. 68 and 71) of the current Brazilian Industrial Property Law (Law 9.279/96) – always warning that the change in rules, besides alienating Brazil from international law, would cause notorious legal uncertainty for investors in innovation.
READ THE DOCUMENT WITH THE INITIATIVES RELATED TO ADI.5,529
READ THE DOCUMENT WITH INITIATIVES RELATED TO COMPULSORY LICENSING