Industrial Property Law
The Brazilian Prosecutor General, Augusto Aras, requested the Supreme Federal Court to immediately suspend the effects of Article 40 of the Industrial Property Law. The provision concerns the term of validity of invention patents, under discussion in the Direct Unconstitutionality Action 5529.
Aras argues that the suspension should help to struggle against the pandemic of COVID19, arguing that: "as long as such patents from large laboratories do not expire, the pharmaceutical industry will be prevented from producing generic drugs against the new coronavirus", adding: "There is even a formula manufactured exclusively by a Japanese laboratory (favipiravir), whose patent should have expired in Brazil, but was extended until 2023, and which is in the phase of scientific studies on the potential effects against the new coronavirus ".
However, we must note that there are no drugs available against the infamous pandemic and the drugs used to treat problems resulting from this disease are already produced by the generic industry, as well as there are no vaccines that are hanging from patents in Brazil, which demonstrates that there are no relationship of the provision with the facts outlined by the D. Prosecutor.