ABPI – Brazilian Association of Intellectual Property, reaffirming its respect for the decision of the STF – Supreme Federal Court – which, in a plenary meeting this Wednesday, 12th, decided for the unconstitutionality of the alternative counting of the terms of validity of patents, already in force, of drugs and health equipment, in compensation for the delay in granting the right by the INPI – it has the institutional duty to clarify to society that this decision, in addition to being a disincentive to investments in innovation, does not meet the country’s need for its own production of medicines and health supplies, so necessary in this pandemic moment.
It is worth reaffirming that the guarantee of a minimum term of protection is the constitutionally correct result to foster interest in research and, at the same time, reward the effort and investment of the inventor. Invalidating an acquired right, in the case of patents for drugs and health equipment, implies legal uncertainty, with direct consequences on the willingness of companies to invest in the country, and a clear disadvantage for national companies, which need a robust patent system. in their country of origin, since foreigners already have protection in their own countries that rewards the high investments made and allows new and successive investments.
In fact, it is important to note that the discussion in the STF, which started in 2016, was never related to the fight against the pandemic, and, furthermore, it has no connection with another discussion, ongoing in international organizations and in bills under discussion in Congress. National, regarding the granting of compulsory licenses for vaccines or medications suitable for the prevention or treatment of Covid.
It should be noted that the compulsory patent license, by default of the developers, is not recommended even by the most important national research institutions, such as Fiocruz and Instituto Butantã.
In this sense, in the search for a solution to overcome the pandemic, ABPI is in line with the proposal for a global governance agreement, in line with the developers of vaccines and health equipment, as has been defended by more than 25 health leaders. countries and institutions, such as Brazil, France, Germany, Italy, the United Kingdom, and the WHO (World Health Organization) itself, in addition to the most respected intellectual property research center in the world, the Max-Planck Institute in Munich, where Covid-19 vaccine technology holders would be partners in countries that need the drugs, without being left out in the process and oblivious to the needs for technology transfer, which go far beyond what is stated in their patent applications .
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