Tuesday, July 26 2022   \  Published by Kluwer Patent Blog.

Brazil: TRIPS waiver and Compulsory license

Brazil: TRIPS waiver and Compulsory license

In September 2021, Brazilian Congress passed a law changing the cumpolsory licensing landscape as a political answer to the impact of the Covid-19 pandemic. Initially, Congress wanted to include new possibilities to issue cumpolsory license and tried to create a mandatory tech transfer provision that could severely jeopardize companies doing business in Brazil. In view of the negative impact, President Bolsonaro vetoed some of the relevant provisions. Almost one year later, COngress mantained the Presidential vetoes and concluded the legislature procedure. 

The compulsory license legislation amends article 71 of the Patent Statute, creating new possible ways to request compulsory license in Brazil. Read more

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