The ABPI – Brazilian Intellectual Property Association, like other entities in the innovation sector, fully supports veto nº 48/2021 of the President of the Republic – which withdrew six specific provisions of Bill nº 12/2021, transformed into Law nº 12/2021. 14,200/2021, amending article 71 of the Industrial Property Law (LPI). The veto, which deals with the requirements and procedures for granting a compulsory license to exploit patents, will be considered by the National Congress this Thursday, March 17.
For ABPI, vetoes are necessary to maintain national legislation in harmony with current constitutional dictates and in compliance with the International Treaties signed by Brazil, which, in turn, chose to recognize and encourage cooperative dialogue between holders of intellectual property rights. and third parties.
Among the vetoed provisions for incurring unconstitutionality and being contrary to the public interest, there are those that oblige the patent holder to provide information that does not need to be disclosed in the patent (for example, data necessary to obtain a sanitary registration with ANVISA ) and biological material. That is, the vetoed devices imposed, in addition to the compulsory patent licensing, the obligation to transfer technology and know-how under penalty of invalidity of their patent, which violates article 39 of the TRIPS Agreement.
For the ABPI, such provision of information is not effective in practice, since the situation that gives rise to the declaration of emergency or declaration of public calamity does not remain for a long period, so that at the time of the technology transfer, which usually takes a long time, the said situation will have already ended.
See full article written by lawyer Bernardo Marinho Fontes Alexandre and kindly provided to ABPI. Click here