Newsletter Edition 34 - March 2022


Veto on compulsory patent license removed from Congressional agenda

Veto 48/2021, which addresses the requirements and procedures for granting a compulsory license to exploit patents, was removed from the Congressional agenda on the March 17th session. The veto, whose maintenance has been defended by ABPI and other entities, removes six specific provisions from Bill No. 12/2021, turned into Law No. 14,200/2021, and amends article 71 of the Brazilian Industrial Property Law (IPL). “Despite the withdrawal of veto 48/2021 from the Congressional agenda, we will remain vigilant and ready to defend the maintenance of presidential vetoes and a robust patent system in Brazil”, explains Gustavo de Freitas Morais, coordinator of ABPI’s Advocacy Committee.

Among the vetoed provisions for incurring unconstitutionality and being contrary to the public interest, some would oblige the patent holder to provide information that does not need to be disclosed in the patent (for example, data required to obtain a sanitary registration with ANVISA – National Health and Surveillance Agency) and biological material. In other words, the vetoed provisions imposed, besides compulsory patent licensing, the obligation to reveal technology and know-how under penalty of nullity of their patent, which violates article 39 of the TRIPS Agreement.