1. Learning from Brazil's Patent Reform
Pedro Paranaguá
Advisor to the ruling Workers Party
Brazilian House of Representatives
LL.M. (London), Doctorate Candidate (Duke)
@PedroParanagua
Government Round Table
University of Cape Town, 10 December 2013

2. Brazil's Patent Reform
I. users' rights
II. the Report
III. findings
IV. recommendations
V. individuals
VI. conclusion

3. Brazil's Patent Reform
I. users' rights + pro­devt. measures

4. Brazil's Patent Reform
A) experimental use (Art. 43(II))
B) Bolar exception (Art. 43(VII))
C) local working (Art. 68(I))
D) compulsory licensing >> efavirenz USD $100 million

5. Brazil's Patent Reform
II. the Report

6. Brazil's Patent Reform
–
disparity
– high production of
knowledge
– low # of patents
Rep. Newton Lima

7. Brazil's Patent Reform

8. Brazil's Patent Reform
link
http://is.gd/LAuHgt

9. Brazil's Patent Reform
III. findings

10. Brazil's Patent Reform
mistakes
A) immediate TRIPs implementation
B) no use of flexibility for pharma products (2005)
C) revalidation (pipeline) patents
D) 20+ years of patent term
E) no pre­grant opposition

11. Brazil's Patent Reform
closed 1,096 plants (Min. of Trade & Industry)
no development of local production
>> USD $10 billion deficit (Min. of Health)
70% decrease of TT (Fiocruz)
●
revalidation patents (pipeline) >> losses of USD $529 million
related to 5 ARVs (Federal Univ. Rio/Economics)

12. Brazil's Patent Reform
IV. recommendations

13. Brazil's Patent Reform
1. Patent Reform Bill H.R. 5402/2013
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2. Council on IPRs
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3. focused recommendations to specific gov. bodies

14. Brazil's Patent Reform
a) limit patent term to 20 years
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b) pre­grant opposition
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c) prohibit new forms of known substances + second uses
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15. Brazil's Patent Reform
d) augment the level of the inventive step requirement (to
promote follow­on innovation)
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e) undisclosed test data: protected by unfair competition >>
rather than data exclusivity (lawsuits)
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f) public non­commercial use
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16. Brazil's Patent Reform
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g) Anvisa's prior consent
i) health risks >> based on previously rejected products
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ii) pharma or chemical products of interest to the National
Health System (SUS) and that do not comply with the
patentability requirements
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ex.: docetaxel

17. Brazil's Patent Reform
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to South Africa
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i) substantive examination system
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●
+
ii) no linkage
iii) coordination with the Patent Office

18. Brazil's Patent Reform
V. individuals

19. Brazil's Patent Reform
Newton Lima
Congressman – Workers Party

20. Brazil's Patent Reform
Newton Lima
Congressman – Workers Party
Otavio Brandelli
new president of the Patent Office

21. Brazil's Patent Reform
you
Newton Lima
Congressman – Workers Party
Otavio Brandelli
new president of the Patent Office

23. Brazil's Patent Reform
VI. conclusion

24. Brazil's Patent Reform
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Brazil
●
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is only
fixing
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the
mistakes
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it made in the 1990s
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25. Brazil's Patent Reform
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South Africa
should seek not only its peoples
freedom
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but also its
●
●
socio­economic
●
freedom

27. Dankie ! Thank you!
Pedro Paranaguá
Advisor to the ruling Workers Party
Brazilian House of Representatives
LL.M. (London), Doctorate Candidate (Duke)
pedro.paranagua@gmail.com
@PedroParanagua