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In a clarification note to the public, ABPI (Brazilian Intellectual Property Association) warns about the inconvenience of the waiver (waiver) regarding the patent protection of treatments and vaccines against Covid-19. The measure, under discussion in the scope of the WTO (World Trade Organization), aims to suspend any patent right provided for in the TRIPs (treaty on intellectual property of which all members of the WTO are part) on technologies to combat the Covidean pandemic. 19.

In the note, ABPI warns that the waiver, proposed by South Africa, is more drastic than the compulsory licenses (popularly known as “patent breach”), since it empties the rights of the holders, and does not solve the problem of the current one. of the pandemic in Brazil and in the world.

ABPI notes that, at the moment, there is no treatment to cure Covid-19, only a few drugs that improve the patient’s clinical condition. The only medication approved for this purpose by Anvisa is Remdesivir – for which there is no patent in force in Brazil – and whose titleholder has already waived the rights in several countries.

In the same way, according to the note, there are no patents in force approved for vaccines against Covid-19: the agreements for the local manufacture of the Oxford-Astrazeneca and Coronavac vaccines already provide for the transfer of technology. In addition, Brazil and other developing countries are entitled to receive vaccines by the Covax Consortium, established under the WHO framework.

Therefore, the note follows, the attempt to withdraw devices in force for almost three decades that were negotiated to stimulate and protect investment in innovation. “TRIPs already provides for several instruments to make the patent holder ‘s exclusivity more flexible – among them the compulsory license”, points out ABPI, adding that, as a member of the treaty, Brazil has its own legislation on the subject: in special situations, third parties may use the object of a patent, upon payment of royalties fixed based on legal criteria, without prior authorization from the titleholder. Such an instrument has been used previously for medicines related to the HIV / AIDS pandemic, with respect for the law and international treaties.

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