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Brazil's Patent Reform Pedro Paranaguá Advisor to the ruling Workers Party Brazilian House of PedroParanagua 3rd Global.

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Presentation on theme: "Brazil's Patent Reform Pedro Paranaguá Advisor to the ruling Workers Party Brazilian House of PedroParanagua 3rd Global."— Presentation transcript:

1 Brazil's Patent Reform Pedro Paranaguá Advisor to the ruling Workers Party Brazilian House of Representatives @PedroParanagua PedroParanagua 3rd Global Congress on IP & Public Interest University of Cape Town, 12 December 2013

2 I. why II. how III. findings IV. what V. individuals VI. future Brazil's Patent Reform

3 I. why Brazil's Patent Reform

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

5 II. how Brazil's Patent Reform

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7 ● 7 public hearings: House of Rep., PTO, Univ. of São Paulo, Univ. Campinas ● 30+ experts: gov., industry, academia, civil society ● extensive research: legislation (Argentina, China, India), gov. & intl. org. reports (UK, US, WHO, WIPO) Brazil's Patent Reform

8 link http://is.gd/LAuHgt

9 III. findings Brazil's Patent Reform

10 ● Brazil hastily approved its patent bill in 1996 ● did not implement TRIPs flexibilities ● prejudicial consequences to innovation + extraordinary increase of prices Brazil's Patent Reform

11 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) Brazil's Patent Reform

12 IV. what Brazil's Patent Reform

13 ● 1. Patent Reform Bill H.R. 5402/2013 ● 2. Council on IPRs ● 3. Recommendations Brazil's Patent Reform

14 ● a) limit patent term to 20 years ● b) pre-grant opposition ● c) prohibit new forms of known substances + second uses Brazil's Patent Reform

15 ● d) augment the level of the inventive step requirement (to promote follow-on innovation) ● e) undisclosed test data: protected by unfair competition >> rather than data exclusivity ● f) public non-commercial use Brazil's Patent Reform

16 ● g) Anvisa's prior consent ● i) health risks >> based on previously rejected products ● ii) pharma or chemical products of interest to the National Health System (SUS) and that do not comply with the patentability requirements Brazil's Patent Reform

17 V. individuals Brazil's Patent Reform

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20 you

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22 VI. future Brazil's Patent Reform

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24 ● too many variables Brazil's Patent Reform

25 ● new Ministers of Health + Trade & Industry 2014 national presidential election ● Patent Office ● national + intl. industry + TPP... ● civil society Brazil's Patent Reform

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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 PedroParanagua


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